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Home > Federal District Court v. Newspaper Tree

Federal District Court v. Newspaper Tree [1]

Submitted by DMLP Staff on Mon, 08/11/2008 - 11:39

Summary

Threat Type: 

Denial of Access

Date: 

08/06/2008

Status: 

Pending

Location: 

Texas

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Access: Courts
On August 6, 2008, the Newspaper Tree, an online news site out of El Paso, Texas, which focuses on business, politics, and culture in the region, filed a motion objecting to an El Paso federal court's sealing of plea... read full description
Parties

Party Receiving Legal Threat: 

El Paso Media Group, Inc. dba The Newspaper Tree

Type of Party: 

Government

Type of Party: 

Organization

Location of Party: 

  • Texas

Location of Party: 

  • Texas

Legal Counsel: 

James C. Harrington - Texas Civil Rights Project; Briana Stone - Paso Del Norte Civil Rights Project
Description

On August 6, 2008, the Newspaper Tree [2], an online news site out of El Paso, Texas, which focuses on business, politics, and culture in the region, filed a motion [3] objecting to an El Paso federal court's sealing of plea hearings and court documents in the pre-trial phases of a large public corruption prosecution. That same day, Judge Frank Montalvo of the U.S. District Court for the Western District of Texas [4] ordered [5] the government to file a response by September 5. 

In May 2008, Judge Montalvo rejected [6] a similar motion by a community activist to open the court's proceedings, ruling that the government's interest in the integrity of its ongoing investigation and in preventing witness intimidation outweighed the public's interest in access. At that time, the court released a few documents in redacted form, but refused to provide access to plea hearings (including putting the date of such hearings on the public docket or providing transcripts), plea agreements, and affidavits filed in support of warrants in the case.

The Newspaper Tree has engaged James C. Harrington [7] of the Texas Civil Rights Project [8] and Briana Stone of the Paso Del Norte Civil Rights Project to argue its motion.

Related Links: 

  • The Carnegie Legal Reporting Program at Newhouse: Small news site challenges El Paso court secrecy [9]
  • Newspaper Tree: NPT files motion to open corruption court [10]
  • Newspaper Tree: Judge orders government to respond to open court motion in corruption case [11]
  • CMLP: Online News Site Challenges Secret Court Proceedings [12]
Details

Web Site(s) Involved: 

Newspaper Tree [2]

Publication Medium: 

Website

Subject Area: 

  • Access to Courts
Court Information & Documents

Jurisdiction: 

  • Texas

Court Name: 

United States District Court for the Western District of Texas

Court Type: 

Federal

Case Number: 

EP-06-CR-1369-FM

Relevant Documents: 

PDF icon 2008-05-28-Memorandum and Order Regarding 1st Motion to Intervene.pdf [13]
PDF icon 2008-08-06-Order Directing the Government to File Response.pdf [14]
PDF icon 2008-08-06-Motion to Intervene to Unseal Court Documents and to Open Court Hearings.pdf [15]
CMLP Information (Private)

Threat Source: 

RSS

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Source URL (modified on 08/20/2014 - 11:07pm): https://www.dmlp.org/threats/federal-district-court-v-newspaper-tree

Links
[1] https://www.dmlp.org/threats/federal-district-court-v-newspaper-tree
[2] http://newspapertree.com/
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2008-08-06-Motion%20to%20Intervene%20to%20Unseal%20Court%20Documents%20and%20to%20Open%20Court%20Hearings.pdf
[4] http://www.txwd.uscourts.gov/default1.asp
[5] https://www.dmlp.org/sites/citmedialaw.org/files/2008-08-06-Order%20Directing%20the%20Government%20to%20File%20Response.pdf
[6] https://www.dmlp.org/sites/citmedialaw.org/files/2008-05-28-Memorandum%20and%20Order%20Regarding%201st%20Motion%20to%20Intervene.pdf
[7] http://www.texascivilrightsproject.org/?p=11
[8] http://www.texascivilrightsproject.org/
[9] http://newhouse-web.syr.edu/legal/blog_comments.cfm?blogpost=697
[10] http://newspapertree.com/news/2718-npt-files-motion-to-open-corruption-court
[11] http://newspapertree.com/news/2723-judge-orders-government-to-respond-to-open-court-motion-in-corruption-case
[12] https://www.dmlp.org/blog/2008/online-news-site-challenges-secret-court-proceedings
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-05-28-Memorandum%20and%20Order%20Regarding%201st%20Motion%20to%20Intervene.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-06-Order%20Directing%20the%20Government%20to%20File%20Response.pdf
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-06-Motion%20to%20Intervene%20to%20Unseal%20Court%20Documents%20and%20to%20Open%20Court%20Hearings.pdf