| NEW YORK - Chief Judge Judith S. Kaye today announced the
formation of the Commission on Public Access to Court Records, charged
with examining the sometimes competing interests of privacy and open access
relating to information in court case files. The findings and recommendations
of the Commission will help shape the Judiciary's policies regarding the
future availability of court records on the Internet. The 22-member panel
will be chaired by nationally renowned First Amendment lawyer Floyd Abrams,
a member of the New York City law firm of Cahill Gordon & Reindel.
In appointing the Commission members, Chief Judge Kaye said, "In keeping
with society's increasing reliance on technology, the court system will
begin to make case files available electronically within the next few years.
But while providing greater access to this information, we also must be
diligent to protect a litigant's right to privacy. We recognize that court
records can contain sensitive information, such as social security and
home telephone numbers, tax returns, medical reports and even signatures.
I have charged this new commission with the hard task of examining any
potential pitfalls, weighing the demands of both open access and individual
confidentiality, and making recommendations as to the manner in which we
should proceed. The Commission is being chaired by Floyd Abrams, who is
one of the country's pre-eminent lawyers on First Amendment and privacy
issues. He is joined by 21 stellar Commission members representing a broad
spectrum of expertise, including academia, the law and the media. With
such a multifaceted and talented panel, I am confident that the Commission's
work will serve as a solid foundation for the court system's sound entry
into this most critical area."
"There is no doubt that the court system's next step in increasing public
access will be to make court records available on the Internet," said Chief
Administrative Judge Jonathan Lippman. "But subjecting case files that
sit in practical obscurity in a dusty courthouse basement to the large-scale,
high-speed searching capabilities of the Internet raises difficult questions
regarding individual privacy rights, as well as concerns over how to prevent
the misuse of personal data. These are the very same issues with which
court leaders across the country are now grappling, and I look forward
to hearing the Commission's recommendations on this subject with respect
to New York."
Commission Chair, Floyd Abrams, noted, "The intersection of new technology
with established legal principles is often difficult. It is especially
so when the constitutionally protected values of openness and an informed
public may clash with interests as significant as those asserted here.
All of us on the Commission look forward to our task."
The Commission is expected to issue a report with its findings and recommendations
by next spring. Its membership roster is attached.
Commission on Public Access to Court Records
Chair:
Floyd Abrams, Esq.
Cahill Gordon & Reindel
New York, NY
Commission Members:
Stephanie Abrútyn, Esq. TribuneCompany New York, NY Maria Imperial,Esq.
Executive Director, Association of the Bar of the City of New York Fund, Inc.
New York, NY
Yochai Benkler
Professor, NYU School of Law New York, NY Pamela Jones Harbour, Esq.
Kaye Scholer LLP
New York, NY
Elizabeth Bryson, Esq. Corporate Vice President, New York Life Insurance Co.
New York, NY Victor Kovner, Esq.
Davis Wright Tremaine LLP
New York, NY
Hugh W. Campbell, Esq.
Rodman and Campbell P.C. Bronx, NY Joseph Lelyveld
former correspondent and editor of The New York Times
New York, NY
Christopher E. Chang, Esq. Law Offices of Christopher E. Chang New York, NY David Miranda, Esq.
Heslin & Rothenberg, Farley & Mesiti, P.C.
Albany, NY
Julie Domonkos, Esq. Executive Director, My Sister's Place White Plains, NY
Hon. Gail Prudenti
Presiding Justice,
Second Department
Brooklyn, NY
William P. Farley, Esq.
The McGraw-Hill Companies, Inc. New York, NY
Charles S. Sims, Esq.
Proskauer Rose LLP
New York, NY
Thomas F. Gleason, Esq.
Gleason, Dunn, Walsh & O'Shea Albany, NY Gary D. Spivey,
New York State Reporter
Albany, NY
Norman Goodman, Esq. County Clerk, New York County New York, NY Charles A. Stillman, Esq.
Stillman Friedman Shaw, P.C.
New York, NY
Hon. Victoria Graffeo Justice, New York State Court of Appeals Albany, NY Nadine Strossen
Professor, New York Law School
New York, NY
Richard F. Griffin, Esq.
Philips Lytle Hitcock Blaine & Huber Buffalo, NY
Counsel:
S. Penny Windle, Esq.
Cahill Gordon & Reindel
New York, NY
Staff Counsel:
Natalie Gomez-Velez, Esq.
Mary C. Mone, Esq.
Special Counsel to the Chief
Counsel to the Chief Judge
Administrative Judge
New York, NY
New York, NY |