Sealed Records in Settlements

Thank you for Siegel’s article. Barbara Arbuckle’s story, though painful, is one that must be told. Critical information on public safety and environmental hazards is being kept secret, sealed in court records, boxed and stored in courtroom basements.

Because of the dangerous precedent being set by the use of these agreements, the Center for Public Interest Law is supporting Lockyer’s SB 711.

Opponents of SB 711--primarily big corporate interests--claim the measure will prevent victims from obtaining settlements. The truth is that the only “benefit” of secrecy is that it shields defendants from exposure. If secrecy is simply removed from the equation, cases will either go to trial or be settled in the public arena. In fact, defendants may be more likely to settle early if they think that will help quell the issue. Secrecy, not settlement, will be the only option removed from the picture.

This legislation is long overdue. America’s courts are public, not private institutions, and the information contained within should be public as well. We must not sanction this practice of silencing that keeps critical safety information out of the public eye and costs human lives.

ROBERT FELLMETH, Director

Center for Public Interest Law

University of San Diego