Because of the coronavirus pandemic, the Colorado Supreme Court will wait until September to convene a public hearing on a long-awaited standard for guiding judges’ decisions to seal or suppress judicial records in criminal cases. In the meantime, the Colorado Freedom of Information Coalition and other groups have submitted written comments on the proposal.
American Bar Association
A long-awaited proposed new rule on the sealing and suppression of criminal court records could be ready in January and a public hearing likely will follow, the chief justice of the Colorado Supreme Court told state lawmakers.
Footage from police body-worn cameras clearly fits the definition of criminal justice records in one of Colorado’s freedom-of-information laws: All materials, including recordings, “made, maintained, or kept” by criminal justice agencies. But some district attorneys are relying on more than the Colorado Criminal Justice Records Act to determine whether and when body camera video should be disclosed to the public.
By ruling that the First Amendment provides no protection for the public’s right to inspect judicial records, the Colorado Supreme Court confounded some legal experts who worry about the decision’s impact on access to court files in Colorado.
In a terse letter, a committee of the Colorado Supreme Court has rejected CFOIC’s call for a uniform standard for sealing court files in criminal cases. More than a year ago, the Colorado Freedom of Information Coalition asked the state court system to adopt such a rule, noting that disputes over the closure of records in high-profile criminal cases often focus not just on whether records should be sealed, but on the appropriate legal standard to apply in making that determination.
We think Colorado should set a uniform standard for the sealing of court files in criminal cases. The Colorado Freedom of Information Coalition recently made a formal request for such a rule to a Colorado Supreme Court committee responsible for proposing Rules of Criminal Procedure applicable in state courts.