Civil Lawsuits Aren't Public Record in Ohio
From the Ohio News Network:
A judge's ruling that civil lawsuits filed in state courts are not public records in Ohio is prompting criticism.
In reaching his decision Monday, Judge G. Jack Davis of Montgomery County Common Pleas Court concluded that the state's Public Records Act does not dictate how the judiciary should handle its records of litigation.
But advocates contend that state law and the Ohio Constitution generally require open access to government records.
David Marburger, a lawyer who represents the media in disputes involving public records and the First Amendment, said the judge ruled incorrectly. Marburger said Davis should have looked to the state Constitution.
"It says all courts shall be open. Section 16, Article I," Marburger said. "That doesn't mean they have to be open 100 percent of the time. But it's going to be difficult to close them."
Davis sealed a lawsuit filed June 10 by attorney Barbara L. Sager against her former law firm, Coolidge, Wall, Womsley and Lombard Co. She challenged her ouster in November from the firm and charged corporate misconduct, age and sex discrimination and breach of contract.
Sager wrote a column that appeared weekly in the business section of the Dayton Daily News. The law firm represents the newspaper in some legal issues
Matt's Chat
Now, I'm no lawyer, but I think "All courts shall be open" means just that. I don't see the judge's point of view at all. Our Attorney General seems to agree:A spokesman for Ohio Attorney General Jim Petro said the public "possesses a qualified constitutional right, as well as a statutory right under the public records law, to access court records."But you know how these judges are...
His bio didn't exactly shed a whole lot of light on him either...
