12/23/2006

Court shouldn't deny access to info

By Dawn L. Hertz

The Michigan Supreme Court has proposed a rule that would eliminate any access to records of the State Bar that relate to ethics complaints, the association's practice management resource center program, unauthorized practice of law program, client protection fund program and lawyers and judges' substance abuse and addiction assistance program.

Information would only be released if the State Bar was ordered by the court to comply after a hearing.

The proposed rule is but another in a series of disturbing actions by the Michigan Supreme Court to seal off public access to its operations.

See for example Administrative Order 2006-08 issued on December 8, 2006.

Freedom of expression is meaningless if the information needed to formulate an opinion is kept from us.

Thomas Jefferson said, "The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers and be capable of reading them.” (Thomas Jefferson to Edward Carrington, 1787. ME 6:57).

Although public discourse is sometimes impolite, it is nonetheless only harmful if we allow it to be.

The response to despicable speech is more speech, denouncing the speaker, not less speech.

Outrageous speech should be put in its place by public disapproval, not by government censorship.

In order to utilize our right of free speech, we must be privy to the facts so that the speech is accurate and based on the truth, not on rumor.

We must shine the light of access upon the files of government so that scurrilous opinions of government actions can be exposed.

One cannot criticize nor defend our public institutions if we are kept in the dark as to how they operate.

The attempt to seal off from public scrutiny investigations by the State Bar of Michigan into allegations of misconduct or drug abuse by judges, prosecutors and other publicly paid members of the bar should be anathema to anyone who believes in democracy and the public's right of free speech.

These files may contain important information on how public servants perform their positions of trust.

Public trust in the legal profession is essential to the functioning of a civilized society.

This proposed rule should be rejected.

About the author: Dawn L. Hertz is Of Counsel to the firm of Butzel Long and serves as General Counsel to the Michigan Press Association.

About the forum: The forum is a periodic column of opinion written by Record-Eagle readers in their areas of interest or expertise. Submissions of 500 words or less may be made by e-mailing letters@record-eagle.com. Please include biographical information and a photo.