No Sealing or Pseudonymization of Opinion Related to Lawyer Discipline
From yesterday’s decision in In re Demetriades, decided yesterday by the Second Circuit, in an opinion by Judge Richard Sullivan joined by Judges Robert Sack and Michael Park:
Tara A. Demetriades appeals from orders of the Committee on Grievances of the Board of Judges of the United States District Court for the Eastern District of New York (the “Committee”) finding her liable for violating various provisions of the New York Rules of Professional Conduct and imposing sanctions for these violations, including a six-month suspension from practicing law in the Eastern District. On appeal, Demetriades argues that the Committee (1) deprived her of due process by “failing to afford her with reasonable notice of the charges and an adequate opportunity to defend against the charges,” (2) “failed to substantiate each and every element of the charges by clear and convincing evidence,” and (3) imposed a “punishment [that] was excessive in light of the fact there was no harm to the public.”
She has also requested that we maintain her appeal under seal, arguing that public disclosure of her identity would cause her reputational harm. For the reasons explained below, we reject each of these arguments. Accordingly, we affirm the orders of the Committee and order that the docket in this appeal, and all its contents, be unsealed….
As an initial matter, we must address the sealing status of this appeal. Although the parties submitted their briefs and appendix under seal, we deem it appropriate to issue this Opinion on the public docket and for publication in the Federal Reporter. Likewise, while this appeal was originally docketed under the caption “In re: Jane Doe,” we deem it appropriate to refer to Demetriades by her real name in this Opinion.
This Court has consistently recognized a “strong presumption … under both the common law and the First Amendment” that judicial documents—and especially judicial decisions, which “are used to determine litigants’ substantive legal rights”—”should … be subject to public scrutiny.” That presumption, of course, “does not end the inquiry,” and judicial docum
Article from Latest