NEFAC, MFOIC Say Rules Would Create a Cloud of Secrecy Around Many Proceedings and Records
The New England First Amendment Coalition recently criticized proposed probate court rules in Maine that would diminish accountability and unreasonably interfere with public access.
“We are concerned that the proposed rules are written without adequate consideration having been given to the very strong public interests served by transparency,” explained NEFAC and the Maine Freedom of Information Coalition in a Feb. 25 letter to the state’s Supreme Judicial Court.
In their comments — drafted by attorney Sigmund Schutz at Preti Flaherty — the groups noted that the rules in some respects even appear to violate First Amendment rights to access court records.
The most problematic proposals include:
• Failing to adhere to longstanding precedent that non-specific privacy expectations are insufficient to seal court records or proceedings.
• Using a “reasonable time” standard despite cases holding that access to court records must be provided to the public as soon as the record is filed with the court.
• Providing blanket confidentiality to cases involving adoptions, parental rights and guardianships when redaction is adequate to protect privacy rights.
• Allowing the motions to seal documents — not just the underlying documents themselves — to be kept secret.
“Maine probate courts operate in the daylight,” the groups wrote. “While we appreciate the importance of protecting information in court records when justified by compelling interests and where confidentiality is narrowly tailored to serve those interests, the proposed rules would create a cloud of secrecy around many now-public probate court proceedings and records.”
NEFAC is the region’s leading advocate for the First Amendment and the public’s right to know about government. All coalition briefs, advocacy letters and statements can be found here.
NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Northeastern University and WCVB-Boston.