New Missouri Supreme Court rule makes sealing case information more difficult

ST. LOUIS -- A new Missouri Supreme Court rule taking effect July 1 will make it harder for judges to seal pending court cases from public view without explanation.

The state Supreme Court adopted the rule in May requiring judges to issue a court order if they want to restrict access to case files, the St. Louis Post-Dispatch reported. Judges will be required to set forth "specific written findings supporting a compelling justification to restrict access."

The ruling echoed a 2001 Supreme Court case stating public records "are freely accessible to ensure confidence in the impartiality and fairness of the judicial system, and generally to discourage bias and corruption in public service."

Jean Maneke, an attorney with the Missouri Press Association, said the new rule was already under consideration when the Post-Dispatch raised concerns last year about the unexplained sealing of cases. Those concerns continued this year.

In January, most online court records about a Foristell woman's pending murder case disappeared from public view weeks before her trial, even though the case had not been dismissed. The trial was postponed and the case was unsealed, but the same thing happened again in May.

The most commonly cited reason to close case records is fear by judges and lawyers prospective jurors will do research and learn information that would otherwise be deemed inadmissible during the trial.

But files outside the courtroom are already restricted. The public sees only an index of documents filed and actions taken, along with information about charges, lawyers and hearings.

The Missouri Supreme Court also prohibited courts from banning cameras from courtrooms entirely and updated the associated procedural rules.

Information from: St. Louis Post-Dispatch, http://www.stltoday.com