FILED
2022 AUG 19
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF ANNUALLY GENERAL ORDER
REVIEWING AND UNSEALING SOME
MAGISTRATE JUDGE (MJ- 22-015
DESIGNATED) CASES
Under 28 U.S.C. § 636, Fed. R. Crim. P. 3, and DUCrimR 57-15, a magistrate
judge may receive a criminal complaint. The complaint is filed in a magistrate judge
case (mj case), which is often merged into a criminal case (cr case). Under DUCrimR
49-2(b), however, the United States Attorney’s Office for the District of Utah (United
States) may request the clerk to seal the case.
Yet, the records of the court are presumptively open to the public. Consistent
with the presumptive public right of access to court records, the Court must ensure that
a temporarily sealed case or complaint (or charging document) are unsealed at the
appropriate time.
IT IS HEREBY ORDERED that:
1. Commencing on September 1, 2022, when a cr case or complaint (or
charging document) merged from the mj case are unsealed and publicly available, the
merged mj case and complaint are ordered unsealed and will be publicly available,
unless the court orders otherwise.
2. The United States may file a motion to continue the seal of the mj case,
complaint, or both, accompanied by a proposed order, no later than 28 days after the
first arraignment on the first indictment. The motion must identify the statute, rule, case
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law, or other basis permitting the court to continue the seal, and the court may order the
case, complaint, or both remain sealed after making case-specific findings.
3. Chambers and the Clerk’s Office will complete an annual review and
create a list of sealed mj cases (excluding search warrant and non-disclosure order
cases) and complaints by October 1 of each year. The Clerk’s Office will provide the list
to the United States by October 15 of each year.
4. By November 1 of each year, the United States must:
a. review the list to determine whether the seal on a case, complaint,
or both, should remain in place; and
b, identify for the Federal Defender’s Office for the District of Utah
(FDO) or defense counsel the cases, complaints, or both on the list
that will be unsealed.
5. By November 15, the United States, FDO, or defense counsel may file a
motion to continue the seal identifying any mj case or complaint that should remain
sealed or be otherwise protected. The motion must identify the mj case, complaint, or
both that should remain sealed or be otherwise protected and the statute, rule, case
law, or other basis permitting the court to continue the seal. The motion must be
accompanied by a proposed order. The court may order the case, document, or both
remain sealed after making case-specific findings.
6. If a motion has not been filed, the Clerk’s Office is ordered to unseal the
mj cases and complaint (or charging document), identified on the list referenced in
paragraph 3, and make them publicly available no later than December 15 of that year.
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7. The court directs the Advisory Committee on the Local Rules of Practice
to consider amending DUCrimR 49-2 or enacting a local rule consistent with this
General Order when the local rules are next amended.
SO ORDERED this 19th day of August, 2022.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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