By Linda Stamato
NJVoices

Sealing settlements from public view is a court practice that limits accountability to the public, erodes public justice, and, undermines democracy. It raises grave public concerns. Alan Medvin, the lawyer who argued the case for Public Citizen, said he hopes the decision by the appeals court gives judges pause before ordering documents hidden from public view.

While the presumption against sealing is gaining support, there are ways to make it more secure. Consider the following proposition in this regard: when the parties have gone to court--a public resource that serves justice--and reached a settlement, as a general rule the terms should not be accorded the protection of the court for secrecy; indeed, they should be made fully available to the public. Where parties can show a compelling reason to vitiate the policy regarding disclosure, however, courts could, on notice and hearing, protect confidentiality. Thus, for example, courts could protect trade secrets in a settlement when other terms are made public.

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