Avoid secrets in Jeffs case
 
Opinion
Provo Daily Herald
 
Sealing court records in a high-profile criminal case without explanation is a bad idea.

Utah media groups are going to court to fight the sealing of documents submitted to the 5th District Court by attorneys representing Warren Jeffs, the leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints. Jeffs is currently facing trial in St. George on charges of being an accomplice to child rape for conducting the marriage of a 14-year-old girl to an older man against the girl's wishes. He is facing similar charges in Arizona.

On April 3, a sealed petition and order were filed in the case with no description of what was in the documents or explanation for why the records had to be kept from public view. District Judge James L. Shumate did not conduct a hearing on the matter.

David C. Reynmann, an attorney representing Utah media, including the Society of Professional Journalists and the Utah Media Coalition, said federal and Utah courts have already upheld a presumptive right of access to pre-trial hearings and documents. The media groups are seeking a hearing to determine if the records were sealed for legitimate reasons, as well as a guarantee that there will be hearings on any future attempts to close either the trial or any records connected to it.

There are instances when a court record may be appropriately kept out of public view, but those circumstances are rare. The parties must demonstrate that there is a compelling public interest to be served by sealing, and that there is no other way to achieve that interest. Even in those cases, there is always a hearing to allow interested parties to challenge the closure.

There was no hearing in this case. We don't know why the records were filed under seal, but it is believed they relate to Jeffs's competency to stand trial. Were they sealed to avoid prejudicing potential jurors, or to conceal information on Jeffs from his followers, who revere him as a prophet of God?

The answer could raise questions about the proper administration of justice in a case that has garnered national attention.

Openness is one of the best guarantees of a fair trial. Public scrutiny helps ensure that the accused's rights are protected and that the prosecution meets its legal burden of proving guilt beyond reasonable doubt. In cases in which the accused's competence is in question, an open court hearing ensures that proper procedures are followed.

By contrast, the kangaroo courts of totalitarian states deal in closed records and secret evidence, making it impossible for anyone to know whether law or politics rules.

There is already a religious undertone to this case, and sealing records further fuels suspicions of cover-up. Judge Shumate should show the world that there is no secret justice in Utah.
 
heraldextra.com
Originally published Monday, April 30, 2007
 
Back