Recently we told you about how to obtain a court document that has been “impounded” – or temporarily sealed from public view – in Massachusetts.   The issue arose when a court clerk denied one of our students access to a court record without explanation.    In Massachusetts, when a court record is sealed in state court, the judge must issue a written order specifying why the record is being sealed and for how long.  Here is the link to the Uniform Rules of Impoundment.  To obtain an impoundment order in Massachusetts: http://www.lawlib.state.ma.us/source/mass/rules/tc/impoundment.html

But it turns out getting access to impounded records in other New England states is not as clear.   There are no written rules in Maine, Vermont or Rhode Island guaranteeing the public access to a judge’s reasons for impounding court records.

“I have never seen an order that would require that the reason be made public,” said John Barden, director of the Maine State Law and Legislative Reference Library.  Barden said documents may be sealed indefinitely if the court deems it appropriate.  Barden said the public can make a motion in court to examine the records in accordance the Maine Rules of Civil Procedure (See Rule 79(b)(2) at http://www.courts.state.me.us/rules_forms_fees/rules/MRCivPONLY9-09.pdf).

Similarly, Vermont has no statute or rule akin to the Massachusetts rule. “To my knowledge we do not have that. A record that is sealed or expunged or whatever other method that conceals it is really totally concealing it,” said Renny Perry, Director of Trial Court Operations in Vermont.

In Rhode Island, Colleen McConaghy Hanna, the Deputy Law Librarian of the Rhode Island State Law Library, found no state rule or statute either guaranteeing the public a right to know why a court record was sealed.

Fortunately not all New England states make the public work as hard to find out how to gain access to impounded court records.  For journalists and the public in New Hampshire and Connecticut, the relevant rules that require public access to the reasons a court record is sealed can be found at:

-Rules of the Supreme Court of New Hampshire:
http://www.courts.state.nh.us/rules/scr/scr-12.htm

-Connecticut Practice Book: http://www.jud.ct.gov/Publications/PracticeBook/PB1.pdf
See Chapter 7-4B, Chapter 11-20A(d), Chapter 25-59A, Chapter 42-49A