Excluding the Public from Divorce Court Hearings and Trials Does More Harm than Good

“Government ought to be all outside and no inside. . . . Everybody knows that corruption thrives in secret places, and avoids public places, and we believe it a fair presumption that secrecy means impropriety.” — Woodrow Wilson
Divorce proceedings in the Utah courts are open to the public. There are some who advocate excluding the public from observing these court proceedings. “It protects the privacy and dignity of the litigants,” they say. Perhaps, but at what cost?
There is no net positive for individual people or the public at large if the public were to be excluded from what are already public court proceedings (and the last thing we need are fewer public court proceedings).

Public access to court proceedings is important to keeping the public informed about what goes on in the courts; it serves the purposes of 1) educating the public (and members of the legal profession as well) about the law and legal procedure and their proper (and improper) application; and 2) enabling the public to hold the judiciary (which is funded by public tax funds) accountable for its actions and inactions.

If ever public divorce court proceedings were to be treated as “private,” that would be the moment at which 1) the quality and integrity of the work the judges and commissioners and attorneys would inevitably start to decline; and 2) public trust in the legal profession would necessarily decline even more. Public accountability is necessary to ensure judges and commissioners (and to a lesser extent, attorneys) do not exceed their authority or abuse/misuse it in other ways and to help ensure that incompetent and corrupt judges and commissioners are discovered.

Utah Family Law, LC | divorceutah.com | 801-466-9277