Court of Appeals Rules that Completed Jury Questionnaires May Be Subject to Public Disclosure Pursuant to First Amendment

ByDouglas C. Melcher

On January 19, 2012, the District of Columbia Court of Appeals decided In re Access to Jury Questionnaires, No. 10-SP-1612, slip op. (D.C. Jan. 19, 2012). In that case, the Court of Appeals considered an appeal by The Washington Post (“The Post”) of a trial court order denying a request by The Post and other media organizations for public access to questionnaires completed during voir dire by jurors who were empaneled in the trial for the murder of Chandra Levy. The Court of Appeals held that the trial court erred in failing to recognize that, pursuant to the First Amendment of the United States Constitution, The Post “has a presumptive right of access to the [completed] jury questionnaires.” Id. at 2. It also held that the trial court erred by not making “specific findings about the protectible privacy interests at stake and considering alternatives to complete closure.” Id. The Court of Appeals therefore reversed the trial court’s order and remanded for further proceedings. Id.

Douglas C. Melcher

I am a licensed attorney with about twenty years of experience in the private practice of law. I focus my practice on advising and representing individuals, small businesses, and non-profits in civil litigation, including trial court proceedings, appeals, administrative hearings, mediation, and arbitration. I have written numerous articles for D.C. Law Blog and other publications, and am the author of Tort Claims and Defenses in the District of Columbia, which is a handbook for lawyers about civil claims for injury to persons, property, reputation, and commercial interests. Please feel free to contact me if you would like to inquire about assistance with a legal matter. I can be reached at dmelcher@melcherlaw.com or 202-427-5753. For further information about my background, click here.