A Tulsa World study has shown that over 2300 court cases in Oklahoma have files sealed by district court judges since 2003.

Joey Senat, past president of Freedom of Information Oklahoma, said he was surprised by the amount of sealed records.

“I had heard of this going on in other states, but I’m really disappointed this is happening to the courts in our state,” Senat said. “This is a real indication there are two systems — one for the rich
and powerful and one for the rest of us. The public has been left out of this process.

“One thing we need to remember is that the judges who are signing those orders are elected and the court clerks are elected. If we want our records to stay open and stay available, we need to be aware of who we are electing as court clerks and judges. Open government needs to be the issue.”

Agreed. A transparent government (including courts) allow citizens to feel they are receiving fair treatment and exposes errors and conflicts of interest to public and legal review.

One advocate suggests the way to keep yourself out of an open record is simply to keep your life out of the courts.

Mark Thomas, executive vice president of the Oklahoma Press Association, said society should be moving toward openness.

“It gives the appearance that justice is for sale in Oklahoma, like it was 50 years ago,” Thomas said. “We should avoid that appearance at all cost.

“On occasion, there is a valid reason to seal a court record, but it should be an extreme rarity. If the public pays for our court system, then we ought to know who it’s being used for. If you want privacy, settle your affairs in private.”

Public servants, such as judges, should balance the need for sealed court cases against the public interest. When there is no real public safety or juvenile privacy concerns, the records should be as open as possible.

Category: sunshine