2000 Forum

The 2000 Forum for
State Court Judges

July 29, 2000, Chicago, IL
Hyatt Regency Chicago

The Forum plays a major role in initiating positive dialogue with the judiciary. This open channel of communication allows the legal community to learn what concerns state judges, and provides a platform for lawyers to present to the judges the concerns of the trial bar on critical issues affecting citizen's rights and redress.

The 2000 Forum examined how secrecy in the courts (in the form of protective orders, confidentiality agreements, sealed court files, stipulated dismissals and reversals, and depublication of earlier published desicions) affects an individuals ability to seek redress in the civil justice system. Some of the issues addressed included: finding the proper balance between the public's right to know and an individual's right to privacy; discussing the ethical responsibilities of lawyers and judges; and identifying the economic consequences of secrecy.

Two papers were presented. The first paper was prepared and presented by Professor Laura Kratky Dore, Drake University School of Law, addressing the background of the controversy over secrecy and review the arguments made by both sides of the struggle. The second paper was prepared and presented by Richard A. Zitrin, Esq., Adjunct Professor of Law at Hastings School of Law and the University of San Francisco School of Law, addressing what options are open for judges faced with either demands for secrecy or demands for opening secret material.

The panelists who responded to these papers included: Honorable James H. Coleman, Jr., New Jersey Supreme Court; Honorable Gerald Elliott, Johnson Court Court, Olathe, KS; Thomas M. Crisham, Esq., Chicago, IL (invited); Lucy Daglish, Esq., Executive Director, Reporters' Committee for Freedom of the Press, Arlington, VA; James L. Gilbert, Esq., Arvada, CO; William V. Johnson, Esq., Chicago, IL; and Eugene I. Pavalon, Esq., Chicago, IL.

A report of the Forum, including issues discussed and conclusions reached, was sent to state Supreme and Intermediate Appellate Court judges, law professors, law school libraries, practicing attorneys, and the media.

Previous Forums have fostered wide-ranging and positive debates of benefit to America's civil justice system. The four most recent Forums have focused on:

Controversies Surrounding Discovery and Its Effect on the Courts.
1999 Forum for State Court Judges, San Francisco, CA

Assaults on the Judiciary: Attacking the 'Great Bulwark of Public Liberty.'
1998 Forum for State Court Judges, Washington, DC

Scientific Evidence in the Courts: Concepts and Controversies
1997 Forum for State Court Judges, San Diego, California

Possible State Court Responses to the ALI's Proposed Restatement of Products Liability.
1996 Forum for State Court Judges, Boston, Massachusetts

Preserving Access to Justice: The Impact on State Courts of the Proposed Long-Range Plan for the Federal Courts.
1995 Forum for State Court Judges, New York, New York

• Materials on Secrecy Practices in the Courts
  
  
• The Confidentiality Debate and the Push to Regulate Secrecy in Civil Litigation, Laurie Kratky Doré, Professor of Law, Drake University Law School
  
  
• Open Courts with Sealed Files: Secrecy's Impact on American Justice - What Judges Can and Should Do About Secrecy in the Courts, Richard A. Zitrin