Circuits respond to chief's concern about sealed cases: rules committees also take up the issue.

It was the quote heard 'round the state when Chief Justice Fred Lewis declared to a newspaper reporter: "I almost swallowed my tongue when I read about this."

The subject was "hiding" court cases on "secret dockets" in Broward Circuit Court--as many as 400 civil cases, some involving politicians, judges, lawyers, police officers, or businessmen--as first reported by The Miami Herald. Following that investigation, the South Florida Sun-Sentinel reported "all traces of 272 criminal cases dating back to 1988 vanished from citizens' view."

"To have such hiding occur--that's not America, is it?" Lewis asked.

Justice Lewis was swift to respond, meeting at the Circuit Court Chief Judges Business Meeting on September 25, and then following up with a letter to each chief judge in the state on October 3.

"I ask that those of you who have not already done so establish a procedure for reviewing any cases or court records that may be a concern in your circuit. . . . I also ask that each of you provide me with a report explaining the status of your review of the sealed cases and court records in your circuit and the steps you have taken or will take in the immediate future to address this issue.

.... On behalf of the Court, I thank you for your continued dedication to ensuring that the public has proper access to court records."

The chief judges in all 20 circuits met the October 13 deadline, filing reports and, in many cases, freshly drafted administrative orders outlining procedures for sealing files and challenging the sealing of files. Problems with sealed files were found in Broward, Miami-Dade, Palm Beach, Pinellas, Pasco, Hillsborough, and Sarasota counties.

Nine circuits reported no problems and reviews of sealed files continue in five circuits. Many judges assured Chief Justice Lewis that public access to court records, except with statutory exemptions, is taken very seriously. Where there were problems, judges did not blame improperly sealed files or missing cases on dockets on anything nefarious to protect the rich and powerful from public scrutiny, but on computer glitches or human error.

Meanwhile, Chief Justice Lewis also asked William Vose, chair of the Criminal Procedure Rules Committee, and Gary Fox, chair of the Judicial Administration Committee, to evaluate proposed amendments to the rules suggested by the Florida Association of Court Clerks and Comptrollers to address the concerns "raised as a result of recent media reports of 'hidden...