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Nota Bene

continued from page 54

Ethics Extra

continued from page 51

and respect for our legal system.’” In

acknowledging that “there is a parallel right

of access to court records embodied in the

[F]irst [A]mendment,” the court found

that the First Amendment presumes it to

be the public’s right to access and inspect

court records.

Even if a court grants a motion to seal

a court record, the parties may later be

required to show cause to keep the file

sealed. In

Linn v. Department of Revenue,

the Fourth District Appellate Court ini-

tially granted the appellant’s motion for

leave to file his briefs under seal. 2013 IL

App (4th) 121055. However, 10 months

later, the court issued a show cause ruling

requiring the appellant to demonstrate why

the order sealing the briefs should remain

in effect. The court vacated the order when

the appellant failed to justify the continu-

ance of the order.

Similarly, in

Khan,

even though the

appellate court originally granted the

motion to seal the briefs, the court later

issued a rule to show cause against both

parties to justify the continuance of the

order. Justice Steigmann found it was

unsurprising that neither party’s response

attempted to justify continuing the order

because neither party ever possessed a “col-

orable basis” to justify “the extraordinary

step” of sealing the court file.

Justice Steigmann reprimanded the

attorneys for their disservice to the trial and

appellate courts for even requesting that the

court file be sealed. He underscored that

the attorneys should have known better,

and that sealing an entire court file “can

never be appropriate.”

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Here is one of literature’s best known

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Charles Dickens

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*****

Legal writing, by necessity, can be very

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CBA RECORD

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