American Bar Association

CFOIC: Proposed judicial branch rule on sealing and suppressing criminal court records ‘undervalues’ presumption of public access

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.



Zansberg: Rules of Professional Conduct ‘have nothing to say’ about disclosure of police body-cam footage

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.



Uniform standard for sealing criminal court records not needed, judicial committee says

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.