Chapter 5, § 510: General Principles
Guide to Judiciary Policy, Vol 7 Defender Services, Part A Guidelines for Administering the CJA and Related Statutes, Chapter 5: Disclosure of Information on CJA-Related Activities
§ 510.10 Overview
§ 510.20 Freedom of Information Act Inapplicable
§ 510.30 Limitations on Disclosure
§ 510.40 CJA Information Placed Under Seal
§ 510.50 Information in the Custody of the Administrative Office
This chapter sets forth the policy on the public disclosure of information pertaining to activities under the Criminal Justice Act (CJA) (18 U.S.C. § 3006A) and related statutes. Because of amendments to the CJA and related statutes, different procedures may apply depending on the type and date of the information.
Neither the Freedom of Information Act (5 U.S.C. § 552) nor the Privacy Act (5 U.S.C. § 552a) applies to the judiciary and neither is applicable to requests for release to the public of records and information pertaining to activities under the CJA and related statutes.
Generally, such information which is not otherwise routinely available to the public should be made available unless it:
(a) is judicially placed under seal;
(b) could reasonably be expected to unduly intrude upon the privacy of attorneys or defendants;
(c) could reasonably be expected to compromise defense strategies, investigative procedures, attorney work product, the attorney-client relationship or privileged information provided by the defendant or other sources; or
(d) otherwise adversely affect the defendant's right to the effective assistance of counsel, a fair trial, or an impartial adjudication.
See: 5 U.S.C. § 552(b).
Upon request, or upon the court's own motion, documents pertaining to activities under the CJA and related statutes maintained in the clerk's open files, which are generally available to the public, may be judicially placed under seal or otherwise safeguarded until after all judicial proceedings, including appeals, in the case are completed and for such time thereafter as the court deems appropriate. Interested parties should be notified of any modification of such order.
Requests for release of information pertaining to activities under the CJA and related statutes in the custody of the Administrative Office (AO) will be disposed of in accordance with internal directives of that office.
Last substantive revision (Transmittal GR-17) January 20, 2010
Last revised (minor technical changes) December 18, 2014