Sullo & Bobbitt, P.L.L.C. v. Greg Abbott, e
2014 U.S. App. LEXIS 15149
5th Cir.2014Background
- Sullo & Bobbitt, P.L.L.C. is a Dallas law firm that advertises misdemeanor representation in the Dallas–Fort Worth area and sued Texas officials in 2011 seeking declaratory relief under 28 U.S.C. §2201 regarding access to court records.
- Plaintiffs alleged a First and Fourteenth Amendment right to timely access to court case information to support advertising to criminal defendants, seeking copies of new misdemeanor citations or equivalent automated case-file data within one business day.
- Defendants included Lopez (Director of Dallas Municipal Court), Milner (Chief Municipal Judge of Arlington), Jones (Justice of the Peace, Dallas County), and Mares (Chief Municipal Judge of Fort Worth).
- The district court dismissed the First Amendment claims and later granted summary judgment for some defendants; the court applied the Press-Enterprise “experience and logic” test to determine if a right to access exists, and held plaintiffs failed to show nationwide historical access.
- The Fifth Circuit affirmed, holding that the experience test requires a nationwide practice and that the plaintiffs failed to establish a constitutional right to immediate access to these court records.
- The court did not need to reach some alternative grounds related to specific defendants once the nationwide-right requirement was not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the experience test applies to court records and demands nationwide practice | Sullo & Bobbitt argue local and nearby practices show a right | The district court properly applied nationwide scope under El Vocero | Yes, the test applies and requires nationwide practice |
| Whether Sullo & Bobbitt satisfied the experience test with evidence of local practices | Evidence from nearby Texas jurisdictions suffices | Evidence insufficient for nationwide right | No; insufficient to establish a nationwide right to immediate access |
Key Cases Cited
- Press-Enterprise Co. v. Superior Court, 478 U.S. 1 (1986) (two-part experience and logic test for access to court proceedings)
- El Vocero de Puerto Rico (Caribbean Int'l News Corp.) v. Puerto Rico, 508 U.S. 147 (1993) (decision limiting local practice to nationwide experience for access)
- Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982) (experience-and-logic framework for access rights)
- In re U.S. for an Order Pursuant to 18 U.S.C. §2703(D), 707 F.3d 283 (4th Cir. 2013) (application of experience and logic to electronic records)
- Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (recognizes public right to attend proceedings and access documents)
- In re Boston Herald, Inc., 321 F.3d 174 (1st Cir. 2003) (acknowledges qualified First Amendment right to access judicial documents)
- Grove Fresh Distribs., Inc. v. Everfresh Juice Co., 24 F.3d 893 (7th Cir. 1994) (public’s right of access to court proceedings and documents well established)
- In re Search Warrant for Secretarial Area Outside Office of Gunn, 855 F.2d 569 (8th Cir. 1988) (applies experience and logic to access to supporting documents)