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Buckeye Reporter

Monday, December 16, 2024

Buckeye Institute urges court for transparency in judicial disciplinary cases

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Robert Alt President and Chief Executive Officer | The Buckeye Institute, OH

Robert Alt President and Chief Executive Officer | The Buckeye Institute, OH

The Buckeye Institute has submitted an amicus brief to the U.S. Court of Appeals for the District of Columbia in the case of Newman v. Moore. The organization is advocating for judicial disciplinary proceedings to be open to the public, arguing that closed proceedings could undermine confidence in the judiciary.

David C. Tryon, director of litigation at The Buckeye Institute, stated, "Public confidence in the judiciary is the backbone of our judicial system. And the public cannot be confident in the judiciary or its disciplinary proceedings if those proceedings continue behind closed doors." He emphasized that open judicial proceedings are a right protected by the First Amendment and crucial for maintaining trust in the legal system.

The brief argues several points: conducting these proceedings privately diminishes public trust; although intended to enhance confidence, the Judicial Conduct and Disability Act of 1980 does not fully achieve this aim; free and open access to adjudicatory procedures is essential for public confidence; and both English Common Law and the First Amendment support open access to such proceedings.

The Buckeye Institute contends that these principles should extend to administrative proceedings like those involved in Newman v. Moore.

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