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COURTHOUSE NEWS SERVICE v. QUINLAN

No. 21-1624, No. 21-1642.

32 F.4th 15 (2022)

COURTHOUSE NEWS SERVICE; MTM Acquisition, Inc., d/b/a Portland Press Herald, d/b/a Maine Sunday Telegram, d/b/a Kennebec Journal, d/b/a Morning Sentinel; SJ Acquisition, Inc., d/b/a Sun Journal, Plaintiffs, Appellants, Bangor Publishing Co., Inc., d/b/a Bangor Daily News, Plaintiff, v. Amy QUINLAN, in her official capacity as State Court Administrator for the State of Maine Judicial Branch; Peter Schleck, in his official capacity as Clerk of the Penobscot County Superior Court, Defendants, Appellees. Bangor Publishing Co., Inc., d/b/a Bangor Daily News, Plaintiff, Appellant, Courthouse News Service; MTM Acquisition, Inc., d/b/a Portland Press Herald, d/b/a Maine Sunday Telegram, d/b/a Kennebec Journal, d/b/a Morning Sentinel; SJ Acquisition, Inc., d/b/a Sun Journal, Plaintiffs, v. Amy Quinlan, in her official capacity as State Court Administrator for the State of Maine Judicial Branch; Peter Schleck, in his official capacity as Clerk of the Penobscot County Superior Court, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 25, 2022.

Attorney(s) appearing for the Case

Barbara A. Smith , with whom Roger Myers , Rachel Matteo-Boehm , Bryan Cave Leighton Paisner LLP, Jeffrey J. Pyle , Prince Lobel Tye LLP, Sigmund D. Schutz , and Preti, Flaherty , Beliveau & Pachios, LLP were on brief, for appellants Courthouse News Service, MTM Acquisition, Inc., and SJ Acquisition, Inc.

Bernard J. Kubetz , with whom Eaton Peabody was on brief, for appellant Bangor Publishing Co., Inc.

Bruce D. Brown , Katie Townsend , and Shannon A. Jankowski on brief for amici curiae Reporters' Committee for Freedom of the Press and twenty-eight media organizations in support of appellants.

Thomas A. Knowlton , Deputy Attorney General, with whom Aaron M. Frey , Attorney General, and Jason Anton , Assistant Attorney General, were on brief, for appellees.

Joshua D. Dunlap , Peter J. Guffin , Laura M. O'Hanlon , and Pierce Atwood LLP on brief for amicus curiae Conference of Chief Justices in support of appellees.

Before Barron, Chief Judge, Lynch and Thompson, Circuit Judges.

When the Maine Supreme Judicial Court (SJC) piloted an electronic case filing system for the state's trial courts, its original rules required court clerks to withhold public access to new civil complaints until three business days after at least one defendant had been served, resulting in delayed access, possibly for months...

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