Open courts are vital


"All courts shall be open, and every person, for an injury done to him in his person, property and reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay."

— State of Connecticut Constitution,

 

Article First, Section 10


 

The words of the Connecticut Constitution, above, state simply and clearly that all courts should be open. Last week, the Joint Committee on the Judiciary of the Connecticut General Assembly spent a day considering the viability of several bills related to openness in the state’s judicial branch of government. The committee heard statements from the public and from representatives of the judiciary both supporting and opposing the bills, including testimony from Robert Estabrook and Janet Manko from this newspaper supporting a bill, Senate Joint Resolution 32, proposing a constitutional amendment. To his credit, State Attorney General Richard Blumenthal surprised the group assembled that day by speaking as a member of the public in strong support of the same constitutional amendment and by supporting the opening of the juvenile courts.

As of the end of the day Friday, which was the committee’s deadline for passing bills forward for legislative vote, a substitute bill proceeded under unanimous vote (39-0) from the committee that did not create a constitutional amendment, but rather defined the Connecticut court model as based on the U.S. federal court model, wherein the Legislature has rulemaking power over the judiciary. This modified bill apparently came out of the information state Attorney General Richard Blumenthal brought back to the committee, as requested by co-chair of the committee Sen. Andrew J. McDonald (D-27) last Monday, on the constitutional definitions of legislative oversight of the judiciary on both the state and federal levels.

While this is a crucial step forward for judiciary openness, since it provides accountability to another branch of government that was not emphasized before, it is not enough long-term. The state judiciary should be answerable under the state Freedom of Information Act for its actions and should continue its steps toward transparency begun under Acting Chief Justice of the state Supreme Court David Borden, who took over after Chief Justice William Sullivan stepped down under a cloud of questionable ethics and secrecy.

Openness, already a part of the state’s Constitution, was not upheld within the judicial branch on Sullivan’s watch. It is not enough to tell the judges that they are on notice after they’ve already created a culture in which cases were supersealed for those with enough influence and affluence to make it so. There are still almost 800 Level Two supersealed cases that have not been released to public view. If the judiciary is to be taken seriously as to its commitment to openness, those Level Two cases should be released. While our state court system functions well as a whole, the judiciary leaves itself open to suspicion if it continues to hold onto secrecy as a protective bubble around its operations. The warnings of the Legislature should be heeded, and the judiciary should continue to take steps toward an atmosphere of openness.

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