Vermont Judiciary Found in Violation of First Amendment Over Delays in Civil Case Access

A federal judge has ruled that the Vermont judiciary’s practice of delaying access to newly filed civil lawsuits violates the First Amendment. The decision comes after a lawsuit, led by Courthouse News Service and several Vermont media organizations, challenged the court’s policy of withholding civil complaints until after a confidentiality screening process. Judge Christina Reiss issued an injunction against the judiciary and signaled that she will now consider awarding attorneys’ fees, which are expected to exceed $1 million.

The ruling highlights the constitutional requirement for timely public access to court documents. According to the plaintiffs, immediate access to filings is crucial for public oversight and journalistic accountability. Judge Reiss agreed, stating that the First Amendment right to access begins as soon as a complaint is received by the court, not after internal administrative reviews are complete.

The lawsuit, filed in 2021, named the Vermont Press Association, New England First Amendment Coalition, and several news outlets including VTDigger, Seven Days, and WCAX-TV as plaintiffs. The decision was hailed as a major victory for press freedom and court transparency in Vermont. However, state court officials have not commented further on the ruling, directing inquiries to the Attorney General’s Office.

This legal battle also made its way to the 2nd U.S. Circuit Court of Appeals before returning to the federal district court in Vermont. With the injunction now in place, the court’s administrative policies will likely need to be revised to ensure compliance with constitutional standards moving forward.