Secret court in Benton County
This is outrageous and The Iconoclast says it better than I.
Benton County Circuit Judge Xollie Duncan has taken what I believe to be an unprecedented action -- she has sealed the entire record of a case in her court, or so the linked news article indicates. Not just the hearing. Not just the pleadings. She has even made secret the names of the parties in the case, though a hearing was udnerway from which a Morning News reporter was booted.
I don't think there's any precedent for this. The Arkansas Supreme Court has made a number of ringing decisions about the importance of open court. Judges are publicly paid officials who decide matters and bind parties to their decisions, after all. Without public accountability, there is no accountability.
David Matthews, once considered one of the legislative good guys, is one of the attorneys in this case. I note that he does legal work for the Walton empire from time to time. I have no idea if he's doing so in this case, but that's the sort of clout that might produce judicial secrecy in Benton County.
You can protect trade secrets and financial information. You can, on motion of parties, close hearings on certain domestic matters. But in neither of these exceptions is there a statutory exception to obliterate the record of a court filing from the public record.
UPDATE: I'm going to take back some of my indignation, though I still believe the statutory ability to protect certain information seems to have been extended to unusual lengths in this case. Nonetheless, I have learned that this case is a financial dispute and that the case was filed, in public, with named parties and public pleadings, some months ago. There have been subsequent orders to seal records on account of proprietary information and a hearing Monday in the case discussed those records. It was closed and the judge declined to reveal any details about the proceeding. It turns out there was a press issue at work in Monday's hearing and I think, given that, the judge's decision in the matter ought to be public, if not some of the data discussed in that hearing. We'll keep watch.
UPDATE: The closed case is mentioned in this earlier Northwest Arkansas Business Journal story. I still don't believe that salaciousness is a ground for sealing entire court records or proceedings, certainly not initial pleadings. Confidential financial information can be a ground for sealing a specific record or testimony pertaining to that record, but again not the entire record of a case and not simply because a party wants such a record closed. The handling of this case is decidedly funny business, but more complicated than it originally appeared.



Comments
This is alarming at the very best.
Only a bright light will help cleanse our system of this type of infectious threat to Democracy.
Posted by: Wellwood
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July 2, 2008 08:55 AM
Max we will all excuse you from posting to the blog today so you can consult with and encourage the Morning News and the Arkansas Press Association to take action immediately. The press must be the defenders of constitutionality in this case. The Morning News reporter must write a story about being kicked from the courtroom.
I agree - this can't be allowed stand. Please do make those phone calls and take measures to assist them.
Posted by: mag
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July 2, 2008 09:03 AM
This is something poor people have come to expect in Arkansas. A different justice system for the wealthy. It happens in different ways every day. Thanks for noticing.
Posted by: Roderick A. Bryan
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July 2, 2008 09:24 AM
You best watch your back and get a food tester and someone to drive your car and pickup your mail or even unlock yer front door and dont pickup a newspaper in your driveway, you are messing with black colar crime here in America, in case you dont know who black colar is, its anyone who is in law or works in law. it is the elite group of america. they make no waves or shadows to draw attention to themselves. and when a person like yourself trys to make waves in this area, the other side of the pond gets the waves and yer gone.........
Posted by: axhandlebill
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July 2, 2008 09:59 AM
You say this is happening in China? Oh.....Benton County......what's the difference?
Posted by: Deathbyinches
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July 2, 2008 10:41 AM
Can someone link the Ann Telnaes cartoon at the Wash Post?
Posted by: Phaedrus
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July 2, 2008 10:51 AM
Someone inside this case needs to call bullshit. History will treat them well.
Posted by: Roderick A. Bryan
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July 2, 2008 11:10 AM
Better yet, let's go up there. I'll drive if we leave within the hour...
Posted by: Roderick A. Bryan
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July 2, 2008 11:45 AM
I think we will see much more like this in the future.. Consider warrant-less spying on all of us and our businesses is now the norm. Much of that spying is conducted by private contractors for our intel agencies. Buying secrecy from those legalized blackmailers will be a new industry (if FISA is not protected and PAA is not rejected next week), in both he public and private sector. Privacy is only for those who can afford it.
Posted by: Eureka Springs, AR
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July 2, 2008 12:00 PM
PATRIOT ACT at work.
http://www.visntec.com/
Welcome to Vision Technologies
The Vision Technologies Corporate Mission is to:
. Develop the most advanced remote controlled camera and computer imaging technologies
. Be the leader in the Aerospace/Defense Imaging, Security and markets.
. Develop, manufacture and distribute imaging products and solutions specifically designed to meet its customers' needs in other markets.
These products will be:
. easy to use
. provide the highest quality performance
. priced significantly lower than other market participants
Introducing the J8
The J8 Dual Imaging (EO & IR) was designed to meet the stringent requirements of the current US Navy's SPS (Shipboard Protection System). The J8 has passed the 901D Grade A Shock requirements and although being utilized aboard sea-going vessels can also be utilized for land based applications such as homeland security and border patrol. Learn More... <<
I was offered these securities by a person running a high dollar catering service in Pinnacle a few years ago who allegedly had received inside tips.
Posted by: eLwood
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July 2, 2008 12:04 PM
wellwood:
"This is alarming at the very best.
Only a bright light will help cleanse our system of this type of infectious threat to Democracy."
mag:
"Max we will all excuse you from posting to the blog today so you can consult with and encourage the Morning News and the Arkansas Press Association to take action immediately. The press must be the defenders of constitutionality in this case. The Morning News reporter must write a story about being kicked from the courtroom.
I agree - this can't be allowed stand. Please do make those phone calls and take measures to assist them."
Liberal simplicity at its best.
Posted by: Wes
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July 2, 2008 12:04 PM
Secret Government Wes has reported for duty! You'll be real upset if this lawsuit turns out to be about covered up Bill Clinton sex acts.
Posted by: Deathbyinches
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July 2, 2008 12:20 PM
DBI, I found your link was nothing more than a literalistic tear jerker. Forgive me I did not bring my hankie with me. Question: did you post the same kind of garbage when clinton sent our troops to bosnia? Or maybe you did not feel the same about bosnia because it was a democrat that sent us there?
Posted by: Wes
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July 2, 2008 01:01 PM
Wes,
I run a company and since I pay the bills, I get access to what is going on in my name.
I also am one of many paying the bills for government and I get access to what is going on in my name. How is that liberal?
I guess we could expand on your "liberal" comment to mean logical and fair.
Public servants need to remember that they are PUBLIC SERVANTS and not tyrants that can operate in private. That is our only protection from a turkish Midnight Railroad.
Posted by: Citizen home
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July 2, 2008 01:19 PM
Wes,
Although wikipedia claims web logs began in 1994 they were not nearly as widespread as today by any means.
I will be the first to admit that I did not post on a blog when Clinton sent our troops to Bosnia. But that was only because I was not blogging, not that I approved.
I feel very confidant that many patriots never posted complaints about Viet Nam or Greneda or WW1 or WW2 on the blog either. That does not mean everyone liked those conflicts.
Wes's only defense to a Neocon FU is that "so and so did it too!"
Wes, when your kid comes home with the smell of meth on their breath do you allow it if someone else's kid "does it too"? I didn't think so.
Posted by: Citizen home
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July 2, 2008 01:34 PM
Citizen home:
"I run a company and since I pay the bills, I get access to what is going on in my name."
Is your company named the U.S. government. It took an act of congress to give the freedom of information law and even then Big Brother can still choose how much you need to know. Nice try.
Citizen home:
"I also am one of many paying the bills for government and I get access to what is going on in my name. How is that liberal?"
If you think it matters to Uncle Sam that we pay the bills, Then that is liberalistic simplicity.
Citizen home:
"I guess we could expand on your "liberal" comment to mean logical and fair."
If you expect this from our Government then again "liberalistic simplicity".
Citizen home:
"Public servants need to remember that they are PUBLIC SERVANTS and not tyrants that can operate in private. That is our only protection from a turkish Midnight Railroad."
Remembering that they are public servants is one thing. We need them to act like they are public servants. And that is something Uncle Sam will never do. Special thanks to Abe Lincoln.
Citizen home:
"That is our only protection from a turkish Midnight Railroad."
We may be closer to this than you want to think.
Posted by: Wes
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July 2, 2008 01:37 PM
Citizen home:
"I will be the first to admit that I did not post on a blog when Clinton sent our troops to Bosnia. But that was only because I was not blogging, not that I approved.
I feel very confidant that many patriots never posted complaints about Viet Nam or Greneda or WW1 or WW2 on the blog either. That does not mean everyone liked those conflicts."
I guess this is your way of saying that you never wrote letters to the editor either?
As far as every one else is doing it, That is a cop out mostly used by people who expect fair treatment.
Posted by: Wes
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July 2, 2008 01:47 PM
Maybe us Liberals weren't screaming about Clinton's Bosnian War because listed below is the number of US troops killed in combat in Bosnia since 1995. I hate that 2 US soldiers died, but don't you think 2 is probably a whole lot smaller number than 4113?
Bosnia-Herzegovina 1995-2004 1
Kosovo 1999-present 1
Posted by: Deathbyinches
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July 2, 2008 02:19 PM
Correct me if I'm wrong, but the United States didn't install Slobodan Milosević. We also made no false claims against him as a preface for invasion. Did we? This post is about corporate privatization of the public courts right?
Posted by: Roderick A. Bryan
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July 2, 2008 02:41 PM
Where's chasv when you need him?
Posted by: Cato
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July 2, 2008 03:00 PM
Now correct me if I am wrong: Slobodan Milosević; it took a military raid to extradite him to stand trial before the global court. The man had to be kidnapped by UN troops from a country that had no problem with the way he was ruling and was willing to protect him. Now you all have complained about the charges against Sadam Husein being trumped up, Maybe you have universally unquestionable proof that the charges against Milosević were not trumped up?
And DBI I thought the point of your link was about a war that we should have no part in. I did not think it was the numbers that concerned you. I guess maybe you did not mind a Democrat willing to invade a sovereign nation to help the UN remove an obstacle. And I do not believe Peace was their goal.
Posted by: Wes
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July 2, 2008 03:02 PM
Is this truely a liberals Idea of being logical and fair?
Posted by: Wes
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July 2, 2008 03:07 PM
Wes, ole buddy, the US joined NATO forces because between 1993 and 1995 over 110,000 innocent people had been slaughtered in that area of the world. Also, one of the bad sides decided to really really concentrate on raping everyone born with a va-jayjay. Do you think we should have just overlooked all that and worked on our golf game?
Posted by: Deathbyinches
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July 2, 2008 03:16 PM
Sorry dude we have been a aprt of NATO since 1949:
"These talks resulted in the North Atlantic Treaty, which was signed in Washington, D.C. on 4 April 1949. It included the five Treaty of Brussels states, as well as the United States, Canada, Portugal, Italy, Norway, Denmark and Iceland. Support for the Treaty was not unanimous; Iceland suffered an anti-NATO riot in March 1949 which may have been Communist-inspired. Three years later, on 18 February 1952, Greece and Turkey also joined."
So, are you seriously trying to tell me it took 50 years for us to see a problem developing in this area? Right. I am not a fan of golf but maybe we do need to take care of our own house first. Maybe you should step out of that XXX book store for awhile.
Posted by: Wes
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July 2, 2008 03:32 PM
Phaedrus, I posted the link at my name...........odd............
Posted by: Ci.Ci
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July 2, 2008 03:49 PM
Wes, aren't you the list bit excited about a 'secret' court case in our fair state?
Posted by: Ci.Ci
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July 2, 2008 03:56 PM
CiCi:
"Wes, aren't you the list bit excited about a 'secret' court case in our fair state?"
Nope, And I am expecting it to get worse. Gradually like a pan of cool water on low flame.
Posted by: Wes
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July 2, 2008 04:50 PM
Way to side step Wes!
Posted by: Deathbyinches
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July 3, 2008 12:58 AM
Good god...I remember when the Bosnian genocide was occurring and our military and Republicans fought Clinton every step of the way. Back then the Republicans were residing in the 'no nation building' side of the their Party...and, of course, as usual, residing in 'everything Clinton does is wrong' land.
To compare Clinton being drug into the Bosnia genocide with Dubya's based-on-lies war of choice is partisan fact picking at its worst.
Posted by: zelda
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July 3, 2008 08:49 AM
zelda, please tell me how the treatment that you all are giving the republicans is any different?
Posted by: Wes
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July 4, 2008 06:54 PM