Press Challenges Sealing of Some Court Records

A newspaper is challenging a new Contra Costa County policy of concealing some court records.

The Oakland Tribune has filed a formal request under the state’s public records act asking that county officials release legal opinions they are using to justify concealing some information in criminal court files, such as police reports and letters to judges.

John Raess, Tribune deputy managing editor, said the newspaper was demanding “to see whatever they have that allows the deputy clerk to gut the files.”

County Clerk Stephen Weir did not return a telephone call to The Associated Press on Friday. But he told the Contra Costa Times in a story published Thursday that the policy is based on two confidential opinions, written in 1984 and 1991.

Weir said the policy was enacted Monday after he learned a member of the public had inspected confidential material that was unsealed in a court file. Citing the opinions, he said any documents that are not part of the court proceedings are not public.

First Amendment activist Terry Francke said he was shocked the records were sealed without judicial approval.

“This is scandalous. No Legislature has passed such a law; no court has issued such a decision; the California Judiciary Council has not recommended such a policy. This is being done by some administrative fiat because some bureaucrat fears these records cannot bear the light of day,” said Francke, spokesman for the First Amendment Coalition.