Judge Sullivan’s order extending the confidentiality of Clancy seated and unseated jurors is well founded and demonstrates the court’s legitimate concerns regarding threats to the Clancy jurors.
Let me be unequivocal: Threats against jurors, judges, attorneys, court personnel, or anyone involved in the administration of justice are dangerous, appalling, and wholly unacceptable.
As a judge presiding over highly contested and volatile DCF cases at times, I faced threats against both me and my family. I also witnessed the fear and danger confronting social workers simply for performing their public duties. No one should be subjected to intimidation or fear of violence because of their role in our justice system. It’s despicable.
Jurors are private citizens performing one of democracy’s most essential, and often most difficult, civic duties. Identifying them without their consent, secretly recording them, threatening them, or targeting their families is not advocacy, and it comes with consequences. It is intimidation, and it strikes directly at the integrity and independence of the jury system.
An impoundment order prevents the court, court personnel, the Office of Jury Commissioner, the lawyers and parties subject to the order, and their agents from releasing the protected records. It does not , however, ordinarily bind an independent news organization that lawfully obtains truthful information from another source like court documents in unrelated cases.
Under Cox Broadcasting Corp. v. Cohn, the government ordinarily cannot punish the press for accurately reporting information contained in official public records. In that case the media published the name of a rape victim. The US Supreme Court ruled that: “Once true information is disclosed in public court documents open to public inspection, the press cannot be sanctioned for publishing it.”
Still, even when a news organization lawfully possesses a juror’s name and has a constitutional right to publish it, responsible journalism and editorial discretion should prevail, especially when the safety of jurors, court staff, the judge, and lawyers might be compromised.
Whatever “side” people are on in the Clancy case, everyone should condemn outright, threats and intimidation against those connected to this case.
Judge Sullivan thankfully sent the right message.