Defendant was charged with 1st degree murder of his former spouse, who died of gunshot wounds. Circuit court granted Defendant's motion to seal 2 of his motions in limine over objection of intervenors, a newspaper, a radio station, and the Illinois Press Association, and sealed the 2 motions until after jury selection, at which time court would revisit the issue. Because the material at issue in the 2 motions was disclosed during discovery, is not otherwise publicly available, is wholly tangential to the criminal case, and will not be admitted at trial, it is not subject to a tradition of access. A 1st amendment presumption of access does not attach to Defendant's motions. Court did not abuse its discretion by denying intervenors access to the motions under a common-law right of access. Circuit court attempted to strike a careful balance among competing interests. Court recognized common-law right of access to court records, and Defendant's right to a fair trial. (KARMEIER, KIILBRIDE, GARMAN, BURKE, and NEVILLE, concurring.)
Illinois Supreme Court
Criminal Court
Sealing of Records