Federal Courts notebook
Those attending sentencing hearings in the federal courthouse in Little Rock are starting to hear judges asking court security officers to escort all spectators out of the courtroom before the proceedings begin, while the defendant, attorneys and the judge remain inside.
That’s because a new local rule, known as the “Holmes Rule” because it was the brainchild of U. S. District Judge Leon Holmes, is gradually being adopted by all the judges in the state’s Eastern District.
The rule is the latest effort to protect the confidentiality of cooperation agreements between defendants and authorities, the disclosure of which can put an informant or others at risk, according to U. S. District Clerk Jim McCormack.
The district has long enforced part of a national recommended practice of having prosecutors file a sealed addendum whenever they file a plea agreement, with the addendum recognizing the cooperation agreement or simply saying there is no such agreement.
Because the forever- sealed addendum must be filed with or without a cooperation agreement, the mere notation of its existence in public court records prevents the curious from deducing whether a defendant is “snitching” or not.
While the addenda continue to be filed and permanently sealed in all plea agreements, McCormack said the Eastern District judges decided at a recent meeting to further protect the confidentiality of cooperating defendants. The decision was made out of concern that some information in the sealed addenda may be inadvertently discussed during public proceedings, thus becoming public knowledge if a transcript of the proceeding is later filed.
That’s why judges are now holding “in- camera,” or nonpublic, hearings immediately before sentencing, for the sole purpose of hearing any statements or arguments regarding the defendant’s cooperation — even if the defendant hasn’t agreed to cooperate and there are no statements to make.
The transcript of the cooperation hearing is then permanently sealed from public view. It’s a way to “keep it in the sealed transcript,” McCormack said.
The new rule forbids discussion of cooperation during sentencing, which remains a public proceeding.
Hats worn in tribute to ex- deputy clerk
Visitors to the federal courthouse in downtown Little Rock on Friday may have wondered why it seemed like everybody was wearing a hat.
Everywhere — from the clerk’s office to the carpeted corridors between courtrooms to the judges’ offices to the broom closets — there were courthouse employees wearing all kinds of hats — from wide- brimmed floppy sun hats to distinguished tweed beanies, with lots of baseball caps in between.
The hats were a tribute to Mary Ann Rawls, who during her 30 years at the courthouse was known as the “hat lady” because of the seemingly endless supply of hats she wore to complement every outfit. Rawls died Thursday morning at the age of 67.
Before she retired in October 2014, Rawls was a deputy clerk who had been a courtroom deputy to U. S. District Judge Elsijane Trimble Roy, who retired in 1999 upon turning 83 and died in January 2007.
Rawls had a law degree and was often called upon to make sense of confusing filings or explain court procedures to the public. She also made sure the clerk’s office was decorated for every holiday and season.
At the end of a short email sent at 4: 30 p. m. Thursday to inform his staff of Rawls’ death, U. S. District Clerk Jim McCormack wrote, “I think we should all wear hats tomorrow in her memory.”
McCormack was surprised Friday morning to see the enthusiasm with which his idea was met. A photograph taken later Friday shows him, in a cap, standing on the staircase in the courthouse atrium among dozens of other hat- wearers, including Chief U. S. District Judge Brian Miller, law clerks, court reporters and maintenance staff.
“It seemed to have a nice healing effect,” he said later. “She was a lady of many hats.”