-Caveat Lector-

Fla. Judge Blocks Access to Reports

By RICHARD CARELLI
.c The Associated Press

WASHINGTON (AP) - A federal judge in Florida has cut off public access
nationwide to the financial disclosure reports all federal judges are
required to file each year, an unprecedented move that is drawing strong
rebukes from open-records advocates.

U.S. District Judge William J. Zloch ordered the moratorium out of concern
that posting the reports on the Internet would mean ``universal and anonymous
access, raising security issues,'' said federal courts spokeswoman Karen
Redmond.

Since 1979, federal judges and other high-ranking federal officials have been
required by federal law to report all stock holdings and other family assets
within broad ranges of estimated worth. They also must list gifts and other
reimbursements.

Home addresses, telephone numbers and other information raising obvious
privacy issues need not be listed.

The Administrative Office of U.S. Courts routinely has made copies of reports
available, for a fee, to anyone who requests them after requesters identify
themselves and disclose their occupation.

The action by Zloch, in an order issued last week in Fort Lauderdale, came
after a news organization, APBnews.com, requested the 1998 financial
disclosure reports of some 1,600 active and semiretired federal judges and
magistrates as part of a project that would make all of them available on the
Internet.

Zloch's order blocking public release of all reports is temporary - designed
to give a committee of judges time to discuss the ramifications of an
Internet posting, Redmond said, and could end as soon as Friday.

But that did not appease some critics.

``It's appalling. It's basically the courts saying, 'We favor access as long
as it's not meaningful,''' said Gregg Leslie, acting executive director of
the Reporters Committee for Freedom of the Press. ``This judge apparently
does not appreciate the interests behind access, the importance of public
accountability,'' he said.

Paul McMasters of the Freedom Forum said: ``The security of judges is no
minor matter but neither is full and free access to information about public
officials. I hope the federal judiciary will quickly reconsider this hold on
the flow of information.''

Mike Casey of the Environmental Working Group, which monitors potential
conflicts of interest by judges, also was critical.

``After all the revelations about stock conflicts and anti-environmental
junkets, you'd think the judiciary would clean up its act instead of trying
to bully reporters into not informing the public,'' Casey said.

Rep. Howard Coble, R-N.C., a House Judiciary Committee member, voiced little
sympathy for the judges.

``Any public official who draws a salary from taxpayers' money should have
complete and open financial disclosure, and that includes posting on the
Internet,'' he said.

The Center for Responsive Politics, a Washington-based research group, posts
on the Internet financial disclosure forms of all members of Congress.

Zloch is on the 26-judge U.S. Judicial Conference, which is chaired by Chief
Justice William H. Rehnquist and makes federal court policy. Zloch heads its
15-member financial disclosure committee.

Redmond said the committee will meet Friday.

``I can't imagine this moratorium will last much beyond the committee
meeting,'' she said, but added that she could not ``say with certainty'' when
the committee will take definitive action.

The Ethics in Government Act of 1978, as amended last year, gives federal
courts the right to withhold any report temporarily for security reasons. The
amendment allows a report to be ``redacted,'' or censored, ``only to the
extent necessary to protect the individual who filed the report'' and only
``for as long as the danger to such individual exists.''

Redmond did not offer examples of how Internet release of a judge's financial
disclosure statement might lead to security risks. But she said some judges
now require round-the-clock protection by U.S. marshals.

``Judges have very unique jobs,'' she said. ``They sentence murderers,
terrorists and other criminals. Some judges' lives have been threatened.''

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