'Secret' Del. Arbitration Process Is Unconstitutional: Judge

Law360, Wilmington (August 30, 2012, 9:51 PM EDT) -- A federal judge on Thursday cut down the Delaware Chancery Court's nonpublic arbitration program, finding that the proceedings run afoul of the First Amendment's right of access to the courts.

U.S. District Judge Mary A. McLaughlin sided with the Delaware Coalition for Open Government Inc. — a nonprofit that sued the Chancery Court and its five judges in November over the arbitration process, claiming it amounts to a “secret judicial proceeding.”

Under the program “a sitting judge of the Chancery Court, acting pursuant to state authority,...
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