I know, it shouldn't be news that the courts are supposed to be open to the public.
Justice Louis Brandeis once said "Sunlight is the best disinfectant."
Which is probably why some Florida judges were trying to conduct foreclosure hearings behind closed doors. Matt Taibbi documented it in his recent article in Rolling Stone. http://rolingstone.com/...
A Legal Aid attorney brought Mr. Taibbi to a foreclosure hearing and, as a result, was threatened by the judge with a citation for contempt of court.
Ordinary citizens also were being kept out. This included homeowners who couldn't afford lawyers and wanted to watch hearings to learn as much as they could about how they were done before they had to handle their own hearing.
It shouldn't be remarkable that the public has a right to know what's going on in its courtrooms.
But some judges needed to be reminded.
The openness of the courts provides some protection to citizens from violations of due process and from corruption.
If we don't know what's going on in our courts, we can't make sure they are being fair and honest. (Of course, these days it's hard enough to make them fair and honest when we do know what's going on in them).
The Florida Supreme Court has now stepped in.
A group of prominent attorneys, media organizations and the ACLU wrote to the Chief Justice about the constitutional requirement for open court proceedings.
In response, the Chief Justice sent a letter to the chief justices of all the circuits, reminding them that court proceedings have to be open to the public. He also reminded them that they don't have quotas, and that they shouldn't rush through these proceedings -- they have to follow the rules.
We'll see if this "sternly worded letter" has any effect, or if it's just another sternly worded letter.
You can read the Chief Justice's letter, and the letter that prompted it, here
http://pdfserver.amlaw.com/...
By the way, the Chief Justice currently is Charles Canady, a leader of the Clinton impeachment when he was in the House of Representatives. It's nice to see him showign a little respect for the constitution. We'll see if it's more than lip service