The current text leaves open the possibility that, in a multi-defendant case, the case can be unsealed at the initial appearance of any defendant in the case. This could be highly problematic if the government moves to unseal at the initial appearance for the last defendant to be arrested. There will be many entries in the case and existing defense counsel in the case will have no opportunity to have input on documents to remain sealed.
Proposed simple change to paragraph (a) with additional clarifying text: (a) Oral Motions to Unseal. Counsel for the government may orally move to unseal a criminal case at the initial appearance of the first defendant to appear in court, if defense counsel has either not yet been appointed or is present and states no objection. An oral motion to unseal a multi-defendant case will apply to all defendants.
Comments
LRCrim 49.7 Comment
The current text leaves open the possibility that, in a multi-defendant case, the case can be unsealed at the initial appearance of any defendant in the case. This could be highly problematic if the government moves to unseal at the initial appearance for the last defendant to be arrested. There will be many entries in the case and existing defense counsel in the case will have no opportunity to have input on documents to remain sealed.
Proposed simple change to paragraph (a) with additional clarifying text: (a) Oral Motions to Unseal. Counsel for the government may orally move to unseal a criminal case at the initial appearance of the first defendant to appear in court, if defense counsel has either not yet been appointed or is present and states no objection. An oral motion to unseal a multi-defendant case will apply to all defendants.