Times files motions to unseal 18 cases

The Seattle Times filed motions to unseal 18 cases in King County Superior Court last week, looking to open up lawsuits against defendants such as a medical-device maker, a pharmaceutical company and a child-care center.

Those motions are the first of many The Times expects to file. An investigation by the newspaper found that at least 420 civil cases have been sealed in their entirety in King County since 1990 — nearly all improperly.

In general, the newspaper is arguing that cases should be opened because the judge or court commissioner used the wrong legal standard while sealing the file, failed to explain adequately the need for secrecy or didn't take into account the public's interest in open courts.

The parties in each case can ask that parts of a file be kept under seal, but they must show a compelling reason. Typically, that would include such information as Social Security numbers, financial documents or medical records.

Among the 18 cases are six medical-malpractice lawsuits, including three against Group Health. Another six are personal-injury or tort cases, including lawsuits against the state Department of Social and Health Services and a public school district. The other lawsuits include a malpractice lawsuit against a lawyer and a case involving a pedophile priest.

If the newspaper prevails, it could take weeks or months for individual files to be unsealed. The Times is being represented by Davis Wright Tremaine, a law firm known nationally for its expertise in open records and First Amendment issues.