Home State Wide Two Mississippi media companies appeal Supreme Court ruling on sealed court files

Two Mississippi media companies appeal Supreme Court ruling on sealed court files

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Two Mississippi media companies appeal Supreme Court ruling on sealed court files

A three-judge panel of the Mississippi Supreme Court has ruled that court records in a politically charged business dispute will remain confidential, even though courts are supposed to be open to the public. 

The panel, comprised of Justice Josiah Coleman, Justice James Maxwell and Justice Robert Chamberlin, denied a request from Mississippi Today and the Sun Herald that sought to force Chancery Judge Neil Harris to unseal court records in a Jackson County Chancery Court case or conduct a hearing on unsealing the court records. 

The Supreme Court panel did not address whether Harris erred by sealing court records and it has not forced the judge to comply with the court’s prior landmark decisions detailing how judges are allowed to seal court records in  extraordinary circumstances. 

The case in question has drawn a great deal of public interest. The lawsuit seeks to dissolve a company called Securix Mississippi LLC that used traffic cameras to ticket uninsured motorists in numerous cities in the state.

The uninsured motorist venture has since been disbanded and is the subject of two federal lawsuits, neither of which are under seal. In one federal case, an attorney said the chancery court file was sealed to protect the political reputations of the people involved. 

READ MORE: Private business ticketed uninsured Mississippi vehicle owners. Then the program blew up.

Quinton Dickerson and Josh Gregory, two of the leaders of QJR, are the owners of Frontier Strategies. Frontier is a consulting firm that has advised numerous elected officials, including four sitting Supreme Court justices. The three justices who considered the media’s motion for relief were not clients of Frontier. 

The two news outlets on Thursday filed a motion asking the Supreme Court for a rehearing. 

Courts are open to public

In their motion for a rehearing, the media companies are asking that the Supreme Court send the case back to chancery court, where Harris should be required to give notice and hold a hearing to discuss unsealing the remaining court files.

Courts and court files are supposed to be open and accessible to the public. The Supreme Court has, since 1990, followed a ruling that lays out a procedure judges are supposed to follow before closing any part of a court file. The judge is supposed to give 24 hours notice, then hold a hearing that gives the public, including the media, an opportunity to object.

At the hearing, the judge must consider alternatives to closure and state any reasons for sealing records. 

Instead, Harris closed the court record without explanation the same day the case was filed in September 2024. In June, Harris denied a motion from Mississippi Today to unseal the file.

The case, he wrote in his order, is between two private companies. “There are no public entities included as parties,” he wrote, “and there are no public funds at issue. Other than curiosity regarding issues between private parties, there is no public interest involved.”

Harris Credit: Tim Isbell, Sun Herald

But that is at least partially incorrect. The case involves Securix Mississippi working with city police departments to ticket uninsured motorists. The Mississippi Department of Public Safety had signed off on the program and was supposed to be receiving a share of the revenue.

Mississippi Today and the Sun Herald then filed for relief with the state Supreme Court, arguing that Harris improperly closed the court file without notice and did not conduct a hearing to consider alternatives. 

After the media outlets’ appeal to the Supreme Court, Harris ordered some of the records in the case to be unsealed.

But he left an unknown number of exhibits under seal, saying they contain “financial information” and are being held in a folder in the Chancery Clerk’s Office.

File improperly sealed, media argues

The three-judge Supreme Court panel determined the media appeal was no longer relevant because Harris had partially unsealed the court file

In the news outlets’ appeal for rehearing, they argue that if the Supreme Court does not grant the motion, the state’s highest court would virtually give the press and public no recourse to push back on judges when they question whether court records were improperly sealed. 

“The original … sealing of the entire file violated several rights of the public and press … which if not overruled will be capable of repetition yet, evading review,” the motion reads. 

The media companies also argue that Harris’ order partially unsealing the chancery court case was not part of the record on appeal and should not have been considered by the Supreme Court. His order to partially unseal the case came 10 days after Mississippi Today and the Sun Herald filed their appeal to the Supreme Court.

READ MORE: Judge holds secret hearing in business fight over uninsured motorist enforcement

Charlie Mitchell, a lawyer and former newspaper editor who has taught media law at the University of Mississippi for years, called Judge Harris’ initial order keeping the case sealed “illogical.” He said the judge’s second order partially unsealing the case appears “much closer” to meeting the court’s standard for keeping records sealed, but the judge could still be more specific and transparent in his orders. 

Instead of simply labeling the sealed records as “financial information,” Mitchell said the Supreme Court could promote transparency in the judiciary by ordering Harris to conduct a hearing — something he should have done from the outset — or redact portions of the exhibits.  

“Closing a record or court matter as the preference of the parties is never — repeat never — appropriate,” Mitchell said. “It sounds harsh, but if parties don’t want the public to know about their disputes, they should resolve their differences, as most do, without filing anything in a state or federal court.” 

Mississippi Today