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Litigation

Seattle University School of Law

Journal

2016

Privacy

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Full-Text Articles in Law

Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell Jul 2016

Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell

Seattle University Law Review

Article I, Section 10 of the Constitution of the State of Washington guarantees, “Justice in all cases shall be administered openly, and without unnecessary delay.” The Washington State Supreme Court has interpreted this clause to guarantee the public a right to attend legal proceedings and to access court documents separate and apart from the rights of the litigants themselves. Based on this interpretation, the court has struck down laws protecting the identity of both juvenile victims of sexual assault and individuals subject to involuntary commitment hearings. Its interpretation has also compromised the privacy rights of litigants wrongly named in legal …