Open Secrets
The Dobbs Leak and Implications for Confidential Proceedings and Open Courts in North Dakota
— Justice Jerod Tufte, North Dakota Supreme Court
UND School of Law, 21 Mar 2023
Open Government
Art. I, § 9
All courts shall be open....
1
Art. I, § 12
In criminal prosecutions in any court whatever, the party accused shall have the right to a speedy and public trial.
2
Art. XI, §§ 5&6
"all meetings of public or governmental bodies . . . shall be open to the public"
"all records of public or governmental bodies . . . shall be public records, open and accessible for inspection"
3
Court Procedure
Public aspects
Non-public aspects
The Leak
The Draft Opinion
The Investigation
- Joan Biskupic (2020)
- Larry Hammond (1974)
- Ashton Embry (1919)
Previous Leaks
Why Open Government?
Executive Branch Decisions
Legislative Branch Decisions
Judicial Branch Decisions
- Files
- Hearings & Trials
- Decisions
- Court Rules
Public
- Deliberations
- Notes and research
- Clerks and Staff comms
- Drafts
Private
North Dakota Courts
Judicial
Executive
- Deterrence for lawyers
Rule 1.6, N.D.R. Prof. Conduct.
Rule 8.4(f), N.D.R. Prof. Conduct.
Rules 1.2 and 2.12, Code of Jud. Cond. - Deterrence for non-lawyers
- employment - Criminal sanction (?)
- HB1059
- N.D.C.C. § 12.1-13-02 - Informal deterrence
A North Dakota Leak?
- limit distribution by need to know
- screen employees at hiring
- technology: access control and audit trail