Dear Chief Judge Garland:
After
reading the D.C. Circuit’s new media policy, which welcomes media coverage of
cases to inform the public, I am writing to ask for your consideration of a
related matter: access to argument audio. My interest is as a lawyer, freelance journalist,
and citizen.
The U.S. Supreme
Court and eight federal appellate circuits make argument audio available in
pending cases, via their websites, free of charge. Five circuits, including the D.C. Circuit, do
not.
Of those five
circuits, the D.C. Circuit’s policy is the most restrictive, granting no public
access until a case is closed. The
Second, Sixth, and Eleventh Circuits make audio available in pending cases, via
CD purchase. The Tenth Circuit requires a
motion to obtain audio; if granted, a copy is emailed. Per a call to the Tenth Circuit clerk’s
office this morning, those motions are routinely granted.
The D.C. Circuit
hears cases that affect citizens throughout the country; as a current example,
the recess-appointments matter. Members
of the media who do not happen to be in D.C. are not able to listen to and
report on D.C. Circuit arguments. There
are also interested members of the public and the legal community in other
parts of the country who would like to listen to and inform themselves directly
of these crucial, public proceedings, but are unable to do so. The courtroom cannot always accommodate all
interested persons in D.C., either.
This gap of
public access is particularly notable since the Supreme Court, famously
cautious on access, has been posting its audio to the web since 2010. The nearby Federal and Fourth Circuits both
post audio to the web.
It would be a meaningful
step forward for public information, if the D.C. Circuit would review its current
policy and join the Supreme Court and most of its sister circuits in offering free
access to argument audio online.
Thank you for
your consideration.
