New Hampshire v. Adam Montgomery (May 2, 2023)
The Petitioners hereby assert that the records remain under seal without a compelling interest justifying such closure. The processes of the Court and the role of the County Attorney’s Office in cases of this nature are matters of grave public interest and concern. Nowhere within the field of governmental accountability is the light of public scrutiny more critical than when it shines within our courts of law. None of the alleged interests advanced by the defendant in his Objection to the Motion to Unseal or in his Motion to Reconsider justify keeping the requested records sealed, for all of the reasons articulated by this Court’s April 20, 2023 Order.
Motion to Intervene in State of New Hampshire v. Amuri Diole (N.H. 2022)
The records now sealed in this case that alleges serious criminality should be available for the public’s viewing and inspection. The mental health issues of the defendant have been the subject of extensive court proceedings and those records are readily available to the public. . . . The processes of the Court and the role of the County Attorney’s Office in cases of this nature are matters grave public interest and concern. Nowhere within the field of governmental accountability is the light of public scrutiny more critical than when it shines within our courts of law.
State of New Hampshire v. Marsach (Oct. 8, 2021)
Certain court records are understandably confidential, i.e. juvenile cases, adoption and parental rights cases, certain guardianship cases, grand jury records and other matters that are confidential by statute. This case is clearly distinguishable. The records now sealed in this criminal case all apparently relate to the conduct of governmental actors and agents during the performance of their official and public duties. All members of the public have the right to know how well, or not well, their agents and servants are doing in providing the public services paid for with taxpayers’ funds. Nowhere within the field of governmental accountability is the light of public scrutiny more critical than when it shines within our courts of law.
Courthouse News Service v. Gabel (D. Vt. 2021)
When a new complaint is withheld, the public has no way of knowing that a new civil proceeding has been initiated. Even if they find out about it, through docket information or directly from parties to the case, without access to the complaint itself, the public has no reliable and accurate way to ascertain the factual and legal claims in the new civil action.
Memorandum in Support of Unsealing Documents in Estate of Chakalos v. Carman (April 10, 2018)
The courts of New Hampshire have always considered their records to be public, absent some overriding consideration or special circumstance and held that the burden of proving the overriding consideration or special compelling circumstance rests with the party seeking nondisclosure.