Matthew Malters

Document Type

Case Summary

Publication Date

3-2024

Case Synopsis

Here, the Court was deciding on the scope of the Press’s and the public’s access to Courts. After applying the “experience and logic test,” the Court found that family law proceedings are open to the public (including press) making it clear that there is a constitutional right for individuals to access family court proceedings. The Court decided that rules cannot close proceedings with a default rule and need to be decided on a case-by-case basis. Prior to this decision, courts placed a harsh restriction that all court proceedings would be closed by default. This restriction disturbs family court proceedings that may benefit by having a fair determination made by a judge. Further, transparency in the Court could not be fully achieved and transparency is a critical factor to ensure accountability for all parties involved.

Download

Share

COinS