A federal judge has sided with several media outlets in Vermont and First Amendment advocacy groups, ordering the state’s court system to do away with delays when it comes to providing public access to newly filed lawsuits.
U.S. District Judge Christina Reiss, in a 32-page ruling granting an injunction to prevent the Vermont judiciary from continuing the delays, blasted the practice that blocked access to the filed documents until court staff had a chance to review them.
Timely access to documents, the judge wrote in the decision, allows the public to understand the activity of the court system, increases accountability and keeps people informed of matters of public concern.
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Reiss ruled in a lawsuit brought by news outlets.
“Defendants’ pre-access review thwarts these objectives in an inconsistent, unpredictable and unjustifiable manner,” Reiss wrote. “Defendants have violated the public’s and plaintiffs’ First Amendment right of access to newly filed complaints.”
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The legal action was brought in May by the lead plaintiff, Courthouse News Service, a Pasadena, California-based organization. Joining Courthouse News in the legal action were the Vermont Press Association and the New England First Amendment Coalition, as well as the parent entities of VTDigger.org, Seven Days, the Burlington Free Press and WCAX-TV.
Charity Clark, chief of staff to Vermont Attorney General TJ Donovan, referred specific comment on the ruling to the Vermont judiciary.
Clark said, “We are reviewing the court’s opinion and order. A decision concerning an appeal will be made in consultation with our client, the judiciary.”
Scott Griffith, chief of planning and court services for the Vermont court administrator’s office, replied to a request for comment with an email that did not directly respond to the question of whether an appeal was anticipated.
“We just received the opinion and order and are in the process of reviewing it in the context of judiciary operations,” Griffith said.
Bill Girdner, editor of Courthouse News Service, hailed the ruling as a victory for the First Amendment.
- VtDigger
