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Plea agreements to be available again

We have discussed before (and criticized) the local rule taking plea agreements off-line and hiding them from the public. Here's what we said back then:

This is a silly policy, which is only in place in this District (as far as I know). Hopefully it will be changed soon (the local rules committee is studying it). If there are safety concerns for cooperating witnesses, then those concerns should be addressed in that particular case, but to have a blanket policy making it more difficult to get these documents.... Haven't we learned from the State scandal involving secret docs?

We also noted that Chief Judge Moreno was a judge who believed in courtrooms being open to the public and was generally against things being secret. He said back then in an interview with Julie Kay:

?I?m a very open person,? Moreno said. ?My personal feeling is that if something is said in open court, it should be an open record.?

As for plea deals: "Moreno said the court will continue to study another issue that recently has generated controversy ? whether plea agreements should be posted online."

Now that they have studied it, the en banc district court has issued administrative order 2009-2, rescinding the old rule making plea agreements secret and ordering:

that as of February 20, 2009, the Southern District of Florida's current policy of providing limited electronic access to plea agreements is rescinded. All plea agreements filed on or after February 20, 2009 will be public documents, with full remote access available to all members of the public and the bar, unless the Court has entered an Order in advance directing the sealing or otherwise restricting a plea agreement.

Well done Chief Judge Moreno and the rest of the court!

Full post as published by Southern District of Florida on January 23, 2009 (boomark / email).