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Ban on hidden court cases urged

 

dchristensen@MiamiHerald.com

Still, Lewis said, judges who seal court records in bad faith are subject to complaints filed with the Judicial Qualifications Commission.

'CHINS HIT THE TABLE'

Lewis said his fellow justices were as stunned as he was to learn from newspaper stories that cases around the state had been kept off the public docket.

"Their chins hit the table, " he said. "After another article this month, one justice said to me, 'Did you see that? What are we doing about it?' "

An inquiry by the state courts administrator's office has found no "maliciousness" behind the disappearing cases, Lewis said.

"I've been told it was a breakdown in rules and communications, " said Lewis, who expects a report from that office in about a week.

In the coming weeks, Lewis said, he and his fellow justices will deliberate about what to do. He said they could adopt the proposals in whole or in part, or create new ones and adopt them by emergency order or through an expedited rule-making process.

He said the public will have an opportunity to comment. "We're putting this on the front burner because of the nature of what's happening, " Lewis said.

The high court's interest in secret dockets was welcomed by both media groups and lawyers who represent them.

Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, based in Arlington, Va., called the proposed rule changes a "wise move."

Dalglish said she was encouraged that case numbers and party names would no longer be hidden under the proposed rules. "This means if someone is being prosecuted in the state of Florida, the public will know it, " Dalglish said. "There will be no secret prosecutions."

Previously, The Miami Herald identified three Broward drug cases against two cooperating felons, including one whose long rap sheet included rape and arson convictions, that did not appear on the docket. Criminal Division Chief Judge Charles Greene has said that hiding those cases was "not contemplated nor authorized."

Holland & Knight lawyer Scott Ponce, who represents The Miami Herald, said new rules could bring needed clarification to the public about motions to seal court records.

Still, Ponce worried that the proposed rules would allow judges to hold rushed hearings. A case could be sealed within a day of posting a notice to seal, he said.

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