FILED
JUN 1 0 201
IN THE UNITED STATES DISTRICT COURT us.ltllllmtC1r~
FOR THE SOUTHERN DISTRICT OF ILLIN~Itii--ICII'MIMI~lf
liMit'Sit'. WIIIII<QM~
IN RE: )
PUBLIC ACCESS TO ) ADMINISTRATIVE ORDER NO. 172
SEARCH WARRANT PROCEEDINGS )
ADMINISTRATIVE ORDER
'"Documents that affect the disposition of federal litigation are presumptively
open to public view."' In re Specht, 622 F.3d 697, 701 (7th Cir. 2010); see Nixon v. Warner
Communications, Inc., 435 U.S. 589, 597 ... (1978); Baxter International, Inc. v. Abbott
Laboratories, 297 F.3d 544, 545 (7th Cir. 2002) .... The reason for this right of public access
to the judicial record is to enable interested members of the public, including lawyers,
journalists, and government officials, to know who's using the courts, to understand
judicial decisions, and to monitor the judiciary's performance of its duties." Goesel v.
Boley Int'l (H.K.) Ltd., 738 F.3d 831, 833 (7th Cir. 2013).
In Administrative Order 151, entered on August 12, 2013, this Court sought to
balance the right of public access to judicial records against the need to keep certain
documents confidential. Administrative Order 151 provided for the automatic
unsealing of all search warrants by the Clerk's Office, unless the United States
Attorney's Office showed cause- within 14 days of notice- why the particular case or
portion thereof should remain under seal. A judicial officer made the determination
whether the U.S. Attorney had established good cause for the case or materials to
remain under seal, and if such cause had been shown, the documents remained sealed
for a period not to exceed six months, after which a fresh motion, showing, and
determination was required. Administrative Order 151 has proven unduly burdensome.
It required, inter alia, every case involving a search warrant application to be subjected
to intense review for redaction of a variety of sensitive materials, repeated tracking by
the Clerk's Office, repeated motions by the United States Attorney's Office, and
repeated judicial determinations - even if no one had requested disclosure.
The Court can safeguard the public's right to access court records by slightly
modifying the existing protocol applicable to search warrant applications. Following
entry of this Administrative Order, the following procedure will govern search warrant
proceedings.
All search warrant cases will be considered unsealed when six months has
passed since the date of sealing. The Clerk's Office will take no action, and the cases
will not automatically be made accessible (via PACER or otherwise), unless a request is
made to the Clerk of Court for access to the documents. If a request is made, the Clerk's
Office will issue a notice directing the United States Attorney to show cause- within 14
days - why the case or a certain portion thereof should remain inaccessible. A judicial
officer of this Court then will determine whether the United States Attorney has
demonstrated good cause for the materials in question to remain inaccessible for an
additional period of time, no longer than six months. Unless the United States
Attorney, before the expiration of the period set by the Court, files a fresh motion which
a judicial officer determines to show good cause justifying continued confidentiality of
the materials in question, the Clerk's Office - at the end of the designated period,
without further notice or court order - will render the materials accessible.
DATED Ju. JtJ e I 6 1 Z 6/.J -:
Michael J. Reagan
Chief United States District Judge
