The state Supreme Court has rejected a proposal that would have blocked online public access to closed criminal cases in which there was no conviction.
A government watchdog organization and others yesterday applauded the court's unanimous decision as a victory for transparency in government.
Michael Corwin, who runs a private investigation and research business in Albuquerque, said the court's ruling "recognizes the public's right to know." Sarah Welsh, executive director of the New Mexico Foundation for Open Government, said the decision ensured "accurate court docketing records will continue to be available through the online case lookup."
A court advisory board had recommended that an online case-lookup system no longer contain records of criminal cases that were closed because the defendant was acquitted or the charges were dismissed or vacated.
The panel contended that the change would protect those individuals' privacy and shield them from "social stigma," as well as potential housing or employment discrimination. Opponents of the proposed change said it would have made it harder for employers or others to research the criminal background of potential workers.
The justices, in a three-page order, didn't explain their decision but said they had considered "the various competing concerns inherent in issues regarding public access to court records, including openness and transparency in government, accuracy in reporting and record-keeping and the avoidance of unjustifiable harm to reputation."