In a technologically evolving world, the concepts of transparency and privacy constantly shape and reshape the perception of justice. St. Louis, Missouri, with its historical underpinnings of resistance and resilience, serves as an emblematic backdrop to this session that delves into the heart of courtroom transparency – the principle of open court files and court proceedings. Ten years after the Ferguson Uprising, which saw a community's demand for accountability in the face of perceived injustice, the question remains: when and how to accommodate individual privacy protections when seeking justice in a public court?
This session is designed to guide participants through a comprehensive exploration of the jurisprudential and statutory bedrock underpinning judicial transparency. We aim to dissect the core principles governing public access to court proceedings and records, simultaneously highlighting the intricate balance between open and transparent courts, on the one hand, and, on the other, safeguarding sensitive information, protecting vulnerable plaintiffs and non-parties against retaliation for their participation in litigation, and respecting the right to speak anonymously.
A focal point will be the circumstances that justify sealed filings – a pertinent and often controversial aspect of federal practice. By exploring the ethical terrain that lawyers tread when confronted with these decisions, we seek to provide a holistic understanding of the dilemmas faced by attorneys as they navigate the treacherous waters of transparency and privacy. Through engaging discussions, participants will be mentored in the crafting of potent motions that tackle court access issues with the aim to equip participants with the nuanced skills required to champion the cause of justice while respecting the sanctity of privacy.
In an era where rights are seemingly receding, and backlash against marginalized communities is palpable, this session will unpack the complexities involved in protecting individual participants in litigation while upholding principles of open justice.