‘ Sealing cases is a critical tool’

The cavalier decision by federal Judge Eduardo Robreno to unseal documents from a 2005 lawsuit settled confidentially by Bill Cosby undermines the legal system and the rule of law.

Sealing cases is a critical tool in our legal system. The trend toward unsealing for “public safety” or other reasons damages that system and ultimately harms litigants.

Unsealing documents after cases are settled by private parties should occur only under exceptional circumstances and never because a judge personally disapproves of one of the parties. The so- called public safety standard is neither a standard nor a public benefit.

While Robreno didn’t base his decision entirely on objections to Cosby’s status as a “public moralist,” his ruling makes clear that this was a central focus. Unsealing documents without finding they had been improperly sealed will make litigants less willing to rely on this procedure. Once this tool is limited, the civil justice system’s backlog will expand, and legitimate claimants will find justice delayed or denied.

Across the USA, judges are careful to protect confidential-- lity, prevent “unreasonable” invasion of privacy and restrict access to information about victims and others by sealing or ordering litigation documents destroyed. Notably, there is national consensus in courts that so- called discovery documents — including deposition testimony — have the strongest claims for remaining sealed.

Unless government or taxpayer funds are involved, courts don’t reopen cases after they are sealed. A “public safety” pretext to reopen cases would throw out the baby with the bathwater.

About 95% of civil cases end up settling without trials. Sealing them is a significant inducement to settle. A “public safety” standard to prevent sealing would harm our already overwhelmed legal system, adding years- long delays.

Forcing unnecessary trials would cause litigants with weak but truthful claims to drop them rather than risk a loss against wealthy defendants.

Punishing victims and overloading our legal justice system are too high a price to pay for prying eyes.