From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Are courts subject to Pennsylvania's Right to Know law?

A: No. The courts are not subject to Pennsylvania’s Right to Know Law. Court records are presumptively open to the public, however, under both common law and constitutional principles.

The Pennsylvania courts have made it clear that court records are presumed to be open for public inspection and copying. Before sealing a judicial record, the court must provide interested members of the public with an opportunity to be heard, and must make clear and specific findings that would justify closure. Closure is only appropriate when it is necessary to protect some higher interest. Any closure should be narrowly tailored to serve that interest. 

Many Pennsylvania cases have recognized the right to access court records. See, e.g., Commonwealth v. Fenstermacher, 530 A.2d 414 (Pa. 1987) (recognizing common law right of access to judicial records in the form of arrest warrant affidavits (after arrest)); Kurtzman v. Hankin, 714 A.2d 450 (Pa. Super. 1998) (recognizing First Amendment and common law rights of access to judicial proceedings and records and reversing lower court where court closed pleadings and proceedings without using the proper legal standards or articulating its reasons); R.W. v. Hampe, 626 A.2d 1218 ((Pa. Super. 1993) (recognizing the well-established presumption of openness of judicial proceedings and records and explaining that closure is appropriate only where “necessary in order to prevent a clearly defined and serious injury to the party seeking it.” (citation omitted)); Hutchison v. Luddy, 581 A.2d 578 (Pa. Super. 1990), rev’d on other grounds, 594 A.2d 307 (Pa. 1991) (analyzing First Amendment, state constitution and common law principles in finding that newspaper had presumptive right of access to pleadings and pretrial proceedings in civil matter).

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