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NEW YORK — An Ohio controversy that pits a newspaper editor against a judge who wants to keep her divorce proceedings out of the public eye illustrates a national tug of war over the openness of court records. In an extra twist, the judge, Paulette Lilly, sits on the Lorain County Domestic Relations Court; she and Douglas Clifton, editor of the Cleveland Plain Dealer, both serve on the privacy subcommittee of the Supreme Court of Ohio Advisory Committee on Technology and the Courts. The subcommittee was formed primarily to address concerns about the posting of court files on the Internet. It broadened its scope to consider whether some information currently kept in hard-copy files — such as Social Security and credit card numbers, psychological profiles and family financial information — should be off limits to the public, Lilly said. On Jan. 11, the Lorain Morning Journal reported that Lilly’s colleague on the Lorain County Domestic Relations Court, Judge David Basinski, sealed the record of Lilly’s divorce proceedings at her request in May. The Morning Journal quoted Clifton as saying, “That strikes me as a conflict of interest.” Lilly declined to discuss Clifton’s accusation or the sealing of her divorce proceedings with Recorder affiliate The National Law Journal. She told the Morning Journal that public access to information about her finances and children would leave her vulnerable to retaliation by juvenile court defendants. Clifton told The National Law Journal that Lilly, who is co-chairwoman of the subcommittee, often took the lead in advocating greater restrictions on private information. “I thought that was just her worldview, but this puts things in a different light,” he said. “It strikes me as unseemly to get a fellow judge to seal a proceeding.” Clifton argued that Lilly’s divorce proceedings are of legitimate interest to the public, since the way she conducts her private life may be germane to her judicial temperament. Similarly, Clifton worries that many of the subcommittee’s votes — such as to keep juvenile delinquency proceedings confidential — would hamper the press and public from learning pertinent information, such as whether judges are handing down appropriate sentences. Gary Young is a reporter for The National Law Journal , a Recorder affiliate based in New York City.

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