Last week on The Unknown, we had Dr. Bandy Lee on as a guest. One of the topics we discussed with her is the lack of transparency in courts. She is currently the subject of a protective order, which forbids her from mentioning the guardian ad litem in her sister’s case.
The protective order, issued on June 8, 2024, prohibits Lee from making any communications deemed “harassing,” which she argues is a direct violation of her free speech rights. Lee contends that the order is a tactic to stifle her criticism of the court's handling of family court cases, specifically those involving child custody.
“This is nothing but a violation of my free speech!” she asserts, emphasizing that the First Amendment protects her comments.
After the broadcast, she shared an email she received from New Jersey courts.
The Judge does not allow reporters or video recorders in the court room.
Please refer to the Probable Cause letter that was sent to you for information on which of your complaints will be addressed.
This statement, provided by the Franklin Lakes Municipal Court in New Jersey blatantly violates state law.
It’s not the only locality which flagrantly flaunts our commitment to open courtrooms and court transparency. In Orange County, California observers were kicked off a virtual court.
A judge in Utah, however, stood up for open courtrooms when faced with a similar choice.
Why are open courtrooms so important? Let’s see some of what we learn when the watchful eye is upon judges.
Forsyth County, North Carolina
In this hearing from 2021, Forsyth County Judge Gordon Miller was scolding two parents who he didn’t think cooperated enough with each other.
About three minutes in, he referred to Department of Social Services (DSS) attorney, Terry Boucher. He said, “What Ms. Boucher does is she swoops in and snatches up your children.”
It’s not clear what he was trying to say, and no one would explain it. That said, no DSS lawyer can simply swoop down and snatch up your children.
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