Tuesday, June 4, 2019

Transparency watch

The Times reports here on yesterday's order removing trial counsel in the Gallagher case. Why is the military judge's order sealed?


  1. Perhaps a disciplinary referral?

  2. If the Order includes a disciplinary referral, it could be redacted. I would have thought a referral would be made by separate correspondence, although I don't see why it could not be noted in an order removing trial counsel.

  3. I'm not sure even a MJ's disciplinary referral is automatically to be sealed. We have seen published opinions from federal judges for discipline referrals. Any discipline process might well be privacy act protected, but that's a question for Code 13 (the Navy's lawyer discipline arm). In the interest of full transparency an MJs discipline referral is equally important for the public to know that the judiciary cares about professionalism in and out of the courtroom.


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