Media in fight with business over secret Delaware court

A number of media organizations are fighting an attempt by business groups to create a “secret court” in Delaware that would deny them access to its proceedings, reports Sean O’Sullivan of The News Journal.

O’Sullivan writes, “Supporters of the program say it is identical to private arbitration that has been available to business plaintiffs for years. The only difference is plaintiffs have access to the expertise of Chancery Court judges and it brings in revenue for the state while keeping Chancery Court competitive in the field of business litigation.

“Opponents charge that this program is different and unconstitutional because it involves judges, not private arbitrators, appearing to give business plaintiffs a way to litigate a case in a public court with taxpayer-funded judges while keeping the proceedings, rulings and any settlements private.

“The original lawsuit, filed by attorney David Finger and the Delaware Coalition for Open Government, alleges the program amounts to a secret judicial proceeding in violation of the 1st and 14th Amendments of the Constitution.”

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