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UNITED STATES DISTRICT COURT
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WESTERN DISTRICT OF WASHINGTON
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11 IN RE: MATERIALS RELATED TO GENERAL ORDER 12-23
COOPERATION
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16 The Judges for the United States District Court for the Western District of Washington
17 recognize that defendants who cooperate with the government in criminal cases face serious
18 danger of retaliation while incarcerated and in the community. In 2016, the Committee on Court
19 Administration and Case Management (CACM) issued guidance to advance policies to protect
20 cooperator information from being misused, particularly by limiting access to electronic criminal
21 case files that may indicate a defendant has cooperated with the government. Balanced against
22 these privacy and safety concerns is the public right of access to case filings.
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1 The United States District Court for the Western District of Washington has determined
2 that protecting materials related to a defendant’s cooperation serves a compelling interest to
3 protect the safety of those defendants; without such measures, there is a substantial probability
4 that the safety of cooperating defendants will be compromised; and there are no alternatives that
5 would adequately protect the safety of cooperating defendants or informants. In balancing the
6 public’s right to access to certain limited information in criminal cases bearing legitimate privacy
7 and safety interests of criminal defendants, certain sensitive and/or confidential information
8 about criminal defendants should be shielded from public view on the docket of the Court,
9 including specific information about or affecting a defendant's cooperation with the government.
10 Therefore, the following is ORDERED:
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The Clerk’s Office shall implement filing protocols that allow the parties to file materials
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related to a defendant’s cooperation (e.g., U.S.S.G. § 5K1.1 motions, motions under 18 U.S.C. §
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3553(e), or any discussion of a defendant’s cooperation) so that they do not appear on the
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publicly available docket pursuant to Local Criminal Rule 49.1(b)(9). Any such filing shall be
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accompanied by a motion, with an appropriate noting date, setting out case-specific reasons for
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protecting the filing from public disclosure and a proposed order. The filing shall be
17 accompanied by materials relevant to the motion.
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A party filing sentencing materials that it believes warrant sealing for reasons unrelated
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to cooperation must move to seal those materials. Materials that need not be sealed shall not be
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combined in the same document with materials related to cooperation or materials to be sealed.
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This order shall be effective November 3, 2023.
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GENERAL ORDER 12-23 - 2
1 Dated this 3rd day of November, 2023.
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David G. Estudillo
4 Chief United States District Judge
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GENERAL ORDER 12-23 - 3
