It is expected that the Michigan Court of Appeals will rule on whether to uphold Judge Colombo's decision to release documents pertaining to the alleged relationship between Mayor Kwame Kilpatrick and his Chief of Staff. While it seems that the public has the right to political transparency, the judicial process survives on settlement agreements to be kept under seal. Thus, we have competing interests in this matter. The entire process of judicial sanctity is called into question when a sealed settlement agreement is leaked. This could potentially reek havoc on the entire ADR field. However, this case was not like any other case. It was a case involving the entire City of Detroit and, unfortunately, the Mayor chose to put his concerns over the concerns of his constituents.
QUESTION: How does one balance the interests of providing the public with full transparency, while, at the same time respecting the confidential nature of settlement agreements? Further, where does private life start and public life begin?
1 comment:
The Rules of Professional Conduct for lawyers do not allow a party to settle a civil matter by threatening to reveal that the other party has committed a crime which in this case was perjury.
In addition, the documents which Kwami is endeavoring to keep under seal are directly related to the settlement of the potential appeal of the jury's verdict. As such, they should be made public.
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