Islander

The unguided Congressional largesse afforded Our Insolvent Islands in the Sun have provided me a perennial source of blogfodder. Here’s an eleven (count ’em, eleven) year old well-aged case strained clear by Judge Patrick J. (“Scholar Pat”) Urda.

Patrick A. McGrogan, Petitioner and The Government of The United States Virgin Islands, Intervenor, Docket No. 456-10, filed 3/15/21, started back in January, 2010. Today, Judge Scholar Pat is mooting out motions made, respectively, six, five, and three years ago. It seems the parties finally filed a stipulated decision a couple weeks ago (hi, Judge Holmes). Judge Scholar Pat signed off on same.

Unfortunately, the Genius Baristas who gave us DAWSON have seen fit to prevent anyone not a party or attorney from viewing same.

My blogging colleague Mr. Paul Streckfus has called this the “hidden law.” Matters are settled, and the veil of secrecy is dropped, without benefit of a Rule 27 motion, and a judicial ruling thereon.

Either Rule 27 is adequate, or it is not. If it is, nothing should be sealed or excluded from public view except as protected in compliance therewith. If not, revise it.

Decisions, whether stipulated or not, should be public. Rule 27(b)(2)(B) provides that “any other person… may have remote electronic access only to: (B) any opinion, order, or decision of the Court, but not any other part of the case file.” Emphasis added.

The docket shows no motion made pursuant to Rule 27.

So let’s see the stipulated decision. It must be great if it took ten years to make.