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SH – Practice of sealing plea agreements in Southern District irks lawyers

By: Magnolia Tribune - October 12, 2009

SH – Practice of sealing plea agreements in Southern District irks lawyers

Details of plea agreements are kept secret in Mississippi’s Southern District federal courts, a practice several attorneys believe violates the public’s First Amendment rights.

The decision by Southern District judges to automatically and indefinitely seal plea agreements also arguably violates the court’s own rules, said attorney Leonard Van Slyke, advisor to the Mississippi Center for Freedom of Information. The rules say the person seeking the seal must obtain a court order showing “good cause” to seal any portion of a court record.

When plea agreements are sealed, the public remains in the dark about deals struck between federal prosecutors and criminal defendants. The case of former Gulfport Mayor Brent Warr is a recent example.

Prosecutors recently dropped 39 criminal charges against Warr and his wife, Laura. In exchange, Warr was sentenced to three years’ probation and paid $9,985 in restitution after he pleaded guilty to one charge of filing a false claim with FEMA to secure Hurricane Katrina relief funds. Warr also will perform 100 hours of community service.

Sun-Herald
10/12/9

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