mainly pertaining to private or confidential information so security numbers and the like are not attached to complete the complaint but this is not a policy that the circuit clerk devised this is a policy that was created by the illinois supreme court and b thought the most compelling reason you have for doing this review ensuring compliance with privacy and confidentiality requirements which are serious important and but i don't see evidence judicial branch of the state of california so we have a pretty good perspective on what the burdens are on the court system and what i thought i would do today is try to back up a couple of steps and try to put it a little into context and sort of now and no delays and that's fine in the context of the sealing case which involves one issue in one case with one or two or three parties and a judge this case is entirely different when you start asking about isn't necessarily looking at just what's happening in a single case the court has to think about things like saying things like what the rules are already out there for example in california we have lots of rules that talk about privacy and that kind of thing thinking about the litigants rights thinking about what happens in written in the court system where the resources are limited if you direct a court to do something and spend more money in one area that necessarily mean sure that we're thinking about the overall system and not just an individual case in that regard just to answer the question about sealing software it does exist it's not very good so that in the future that may or may not be the case i don't know apart from the recent court house news services decisions in the ninth circuit and a handful of those records or other other cases where federal courts are issuing orders to state that had to do with getting access to i think traffic tickets in that case but the first things filed the same exact claim i wore them out because i got to solicit clients in the news and that case the court held no experience no case r context of going to the court whose records are at issue so i'm asking before the courthouse news cases arise do we have federal courts issuing injunctions to state courts about how to manage their violates this right yet brown's process first policy is based on a blatant misread of jail two thousand and fourteen zero two and serves no compelling government interest mr sure what does the district court injunction require in your view with respect to speed i'm just going back to that colloquy we had a couple of minutes ago yes all the judge can requires is that access be provided contemporaneous with filing and not after processing so simply provide access prior to process so in the hypothetical of a complaint as we have a right now if a complaint were to be filed this evening our expectation would be that that complaint would be accessible at the clerk's office eight thirty in the morning on monday nothing more we're not looking for twenty four seven if i can to address an issue you raised earlier about resources we're not asking the court to spend any additional dollars already asking is that the the you file a complaint and be shuttled off to the computer terminal in the the confidentiality personal information issue so it would be our contention that there is no compelling government interest in delaying press access while if a complaint defendants and includes home addresses social security numbers and birthdays you've got a first amendment access rights to that and instantly your honor we would contend that given the way the i we have no evidence in the record of any mistakes and they whatsoever and been caught by the clerk not one so this is all speculative which is clearly prohibited under the law but what you're now describing if you're talking about a procedure that again could we could there be a narrow tailoring to avoid that issue of course or could you know there's now wouldn't you have to involve some to life with risk yes that what if there was a narrow tailoring if we're talking about you know now we're moving into you know compelling government interest narrowly it's from our perspective you're just talking about mr neighbor i think rightly points i talking about you know when a paper filing was received by the clerk all that was done there was was that the check was taken it was no processing that was done whatsoever was stamped and a copy was placed in a wire basket there was no review for confidential information there was no for the processing there was no doctoring nothing was done whatsoever so for decades that was the approach and now we've got this concern somehow that with the filing we're going to slow things down and we're going to make it more challenging for the press to gain provided that the clerk the intake clerk at the clerk's office was doing anything of the sort at all and in fact no that's not what was going on there was no review there was nothing being checked to see whether or not the numbers might be in or vertically disclosed in a pleading that wasn't being done and so we continue to contend that under grow fresh that he wants that the right of access has been determined out of the first man which is has in these to be contemporaneous and immediate so let's talk that we measuring unconstitutional delays in seconds minutes hours days what is your honor we can tack on that a raise caused by processing where there is no maybe i've missed this but it looked to me like grow fresh was talking about involving either complete or to long term denial of access as soon months or year continue to be protected there would be a back and forth process of litigation over that issue when the court would decide and grow fresh itself came down four months after the oral argument case or not the notion of be contemporaneous so that the news can be fresh which you're picking up language from cases in which contemporaneous could be measured in terms of weeks or months to left as opposed to years or never right fresh direct understood but you know what it can i den a five what the word immediate in terms of temporal definition you know we cannot what we can say here is that the processing that's occurring here where by forty percent of the cases are delayed by more than by day or more how many of those are or are we talking about more than one business today we've got i believe i think the number is about fifteen percent are more than one business day the defendant is telling us it's about nine to nine reconcile them your honor they're defining i apologize and i believe in this spoke that i'm not quibbling with their statistics so so your honor but as a practical matter we have reporters that are in the courts office monday through friday they're allowed to stay beyond the four thirty as long as we're there before and that's in the record extensively so they stay challenging that all were all we challenge which is what judge carry water is at the processing should not occur before access was provided that odd to me that the process so the united states supreme court might if you if you take a look at the their hand on have been resolved any instances where there's any additional resources they've they've got nothing below to show that there's any interest that is being any governmental interest whatsoever that's being met as a result of this process months there's correspondence right the record going back and forth we didn't hear about this confidentiality issue until after we filed the p i papers the confidentiality issue was a brand new issue that they threw out there previously they're worried about you know confusion in the public every day to report the news to the public several of the a meet or the news publications that they publish including the associated press the wall street journal and the detroit free press are courthouse news service subscribers meaning that courthouse news organizations spend their reporters to courthouses around the country to access newly filed civil complaints when they are filed so that these organizations can report the news to the public when it is fresh so as a result the court's decision today will have a direct has made clear in several cases including grow fresh and matter of illinois continental illinois securities litigation when the first amendment right of access attaches access must be an immediate and contemporaneous which got me here so th contemporaneous access is a necessary corollary to the purposes that the first amendment right is supposed to serve and it noted that when it comes to the news value of a particular story that news value is fleeting that's the word the court used and  for that is something else that this court has recognized in the chicago council lawyers case where it recognized that the public's attention is commanded at the moment that information is new and the moment that information is fresh and that's why  like the new york times the chicago tribune have a timestamp on their front page for many of their articles on their website that lets the public know the minute that those stories were reported because the public is interested in knowing new information it's not interested in all the information  when access to civil complaints is denied even for a single business day that can have a real impact it can mean up a story is not reported at all i can mean that the story is maybe reported but you know it in a much less prominent position not on the front page wait way deep in the news which i think your honor another point to make there is that the first member right of contemporaneous access serves the need for accurate and complete reporting as well so when the news media has access to complaints shortly after filed it means if they can rely on the authoritative document that initiates the case that they can quote directly from that document that in many cases they can provide a copy of that document for the public for them to see as well understand that that has been cited by the parties and their papers i don't believe there's anything in the record actually about the amount of delay that's caused by processing at the seventh circuit i know and my experience of making experience access at the seventh circuit is pretty