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Asociación de Periodistas de Puerto Rico v. Commonwealth of Puerto Rico

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The Clinic filed an amicus brief in the U.S. Supreme Court on December 3, 2021, arguing on behalf of media organizations that a Puerto Rico Supreme Court ruling undermines the press’s vital role in informing the public about our nation’s courts and the development of domestic violence law in particular. Four days after the clinic filed its amicus brief, the Puerto Rico Solicitor General issued a statement agreeing that the sealed recordings should be made public. Three days later, the chief justice of the Puerto Rico Supreme Court announced a new court watch program that will permit volunteers to observe some domestic violence proceedings.

The amicus brief supported a petition filed by the Yale Law School Media Freedom and Information Access clinic on behalf of the Asociación de Periodistas de Puerto Rico (the Puerto Rico Journalists Association). The petition, which was recently denied, sought review of a high-profile domestic violence case that resulted in widespread public protests in Puerto Rico. Those protests came on the heels of the discovery of Andrea Cristina Ruiz Costas’ partially burned body and a confession by her ex-boyfriend. Shortly before her murder, Ms. Costas had unsuccessfully sought protection from Puerto Rican courts, who thrice denied her requests. When the Yale clinic sought access to the recordings of the proceedings in the trial court, the Puerto Rico Supreme Court denied access to all domestic violence proceedings and records without any opportunity to brief or argue for the right of access. The amicus brief the Cornell clinic filed argued that the Puerto Rico Supreme Court decision’s blanket closure of civil domestic violence proceedings is out of step with the presumptive openness of the vast majority of these proceedings nationwide and with a long tradition of access to their historical counterpart, divorce proceedings.

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Information on this page is provided for archival purposes. All newly created PDFs on this website are accessible. For an accommodation for PDFs on this page, please contact law-web-ada@cornell.edu.