I'm quoted in the DBR article this morning criticizing the new policy in this District of not making plea agreements available online. Every other document in a criminal docket is available (unless it's sealed) except for plea agreements. Instead, you have to go down to the clerk's office to make a copy the old-fashioned way. This is a silly policy, which is only in place in this District (as far as I know). Hopefully it will be changed soon (the local rules committee is studying it).
If there are safety concerns for cooperating witnesses, then those concerns should be addressed in that particular case, but to have a blanket policy making it more difficult to get these documents.... Haven't we learned from the State scandal involving secret docs?
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
4 comments:
Mr. Markus,
On the other hand, my clients do not want their names, arrests, plea agreements, or anything pegging them to a crime. The internet as I've stated is a double-edged sword.
Respectfully, I disagree with your stance here. Yes, the documents are available to the public. However one can use a less restrictive means to protect my client's privacy -- ex: not allowing the world to more easily see their rap sheet or exactly what it contains.
On the other hand, I can see why the public may want this, but my clients without question do not.
I've posted a clip of my thoughts on gun control. I hope you take a moment to watch it. That's a real way to deter criminal conduct.
Later,
Mr. Spicoli (note address change)
In numerous other districts, plea agreements are not even filed with the court. The government retains the original, but nothing becomes public. On balance, being able to look it up in the court file doesn't seem so bad.
Hey Bud,
Cheap plug... how about writing something on our dingbat blog designed to take our minds off of work during the day. Listen to tunes and shrink the player. Watch Lenny Bruce's (quite topical) and Chris Rock's take on gun control. You deserve a break today.
Ok, back to unmoderated surfing.
Later,
Spicoli (we seem to be on the same page mr. anonymous -- quite obviously your birth name, like me).
This is absurd. Invariably, the people who might do a snitch harm are those who know he is cooperating without having to access PACER - those who are charged in the same case and those who did business with him. The only group that is protected by the practice of keeping plea agreements secret are the prosecutors who cut the deals.
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