(The Center Square) – The Liberty Justice Center has filed its opening letter in a case challenging a decision that closed meetings of a court advisory commission in Tennessee.
The Advisory Commission on the Rules of Practice and Procedure suggests court rule changes and then submits those recommendations to the Tennessee Supreme Court.
The advisory commission closed the meetings in 2018 after a meeting was disrupted by a member of the public, according to court documents.
“According to Defendant, Advisory Commission meetings are closed to the public to encourage honest and frank discussions at the meetings,” the court records said.
The Liberty Justice Center filed its initial lawsuit in June 2022 on behalf of Dan McCaleb, vice president for news and content at Franklin News Foundation, against Tennessee Administrator of Courts Director Michelle Long and the department challenging the closure.
U.S. District Judge Eli Richardson in March 2023 issued a preliminary injunction in favor of Franklin, which publishes national news wire The Center Square, ordering the advisory commission to keep its meetings open while the case continued.
“Opening rules advisory committee meetings, whether at the federal or state level, not only creates transparency and public confidence, it likely creates better rule,” Richardson said in his ruling.
Richardson reversed course and dismissed the case in November 2024.
The Liberty Justice Center is asking the 6th U.S. Circuit Court of Appeals to overturn Richardson’s decision.
“The First Amendment protects the public’s right to access meetings of bodies like Tennessee’s Judicial Advisory Commission so they can write and speak about what their government is doing,” said Jacob Huebert, president of the Liberty Justice Center and attorney for McCaleb. “We’re hopeful the 6th Circuit will recognize that and restore the rights of our client, all journalists, and all Tennesseans.”
Some of the topics discussed by the advisory committee in past open meetings include a proposal that would put court briefings online and one that would allow judges to retain alternative jurors until after a verdict.
