Photo Credit: Jason Scally
Attorney Peter Elikann testifies on behalf of the Massachusetts Bar Association at a public hearing on June 15, concerning the public's access to court case records.
Attorney Peter Elikann testified on behalf of the Massachusetts
Bar Association at a public hearing on June 15, concerning the
public's access to court case records. The hearing was conducted by
the Trial Court Public Access to Court Records Committee ("the
Committee"), chaired by Superior Court Judge Peter Lauriat, which
was appointed by Trial Court Chief Justice Paula Carey to develop a
set of uniform Trial Court rules governing the public's access to
view or copy paper and electronic court case records.
One of more than 20 speakers at the hearing, Elikann reiterated
the MBA's long-held position that public access to court
records--particularly those available online--must include
safeguards to protect from inadvertent disclosure private and
potentially damaging information concerning children, the mentally
ill, victims of violent crime and other vulnerable members of
society.
Children, in particular, would be particularly at risk for harm
by the public disclosure of information related to divorce, abuse,
adoption and other issues regularly addressed in the Probate and
Family courts, Elikann noted. He also cited the increased risk of
identity theft that would occur if financial and other sensitive
personal information was readily available online. "Once it's out
there, you can't put the toothpaste back in the tube," said
Elikann
The MBA has voiced concern over unconditional access to court
records since 2002, when the House of Delegates adopted a
resolution asking the Supreme Judicial Court not to adopt any rule
regarding access to court files on the Internet without taking into
consideration the many concerns raised by members of the family law
bar, the probate bar, the criminal defense bar, legal services
organizations and others. In 2011, under then MBA President Denise
Squillante, the MBA raised similar concerns when the SJC sought
comments to proposed amendments to Rule 1:19 regarding media access
to the courts. Squillante also testified individually before the
Committee at the June 15 hearing.
The Committee will now draft a set of proposed rules, which will
be posted for public comment. It will then reevaluate the proposed
rules in light of all public comments received, and then present
the proposed rules to the Trial Court and the Supreme Judicial
Court for their consideration.