In 2018, the Law Center learned more about the State Judiciary’s use of a confidential flag. The confidential flag seals the entire case from public view, including the names of the parties, the docket, and the identities of counsel. Subsequent motions to unseal in specific cases raised questions about whether these cases generally deserved this extreme level of secrecy. One case was an employment dispute involving GEICO Insurance Company (No. 1CC131002053), and another case concerned disputes over the union nonprofit Unity House (No. 1CC000056396). At the request of the Law Center, the State Judiciary provided the case numbers for all regular civil cases filed in circuit court with a confidential flag since 2005.
On June 27, 2023, the Law Center moved to unseal files in another case. Judge James H. Ashford unsealed portions of the case on December 6. No. 1CCV-20-762.
- Motion to Unseal (6/27/23)
- Memorandum in Opposition (Department of Human Services) (8/24/23)
- Reply Memorandum in Support of Motion (8/29/23)
- DHS Sur-Reply Memorandum (9/25/23)
- Response to Sur-Reply Memorandum (10/5/23)
- Plaintiff’s Position Statement (11/13/23)
- Response to Plaintiff’s Position Statement (11/20/23)
- Order Granting in Part and Denying in Part Motion to Unseal (12/6/23)