As usual, in the case of Roger Shuler, we are again dealing with invalid/fraudulent court records... The warrant, if one was ever issued, is yet to be discovered, as well as the true booking records. jz
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ACLU fights to open court records of jailed blogger, argues court order unconstitutional
By Kyle Whitmire | kwhitmire@al.com Email the author | Follow on Twitter
on November 06, 2013 at 3:20 PM, updated November 06, 2013 at 6:49 PM
Blogger Roger Shuler was arrested for contempt of court and resisting arrest after he violated a court order, but some legal experts say the order was unconstitutional.
BIRMINGHAM, Alabama -- The American Civil Liberties Union has filed a friend of the court brief arguing that a preliminary injunction against a Shelby County blogger was unconstitutional and insisting that the case be opened to the public.
Two weeks ago, Roger Shuler was arrested on charges of contempt of court and resisting arrest. Since then, Shuler has been held without bond. His case has been all but hidden from the public and all records of it on a state database have been sealed, even basic information, such as the docket.
Randall Marshall, the legal director for the ACLU of Alabama, said that the organization is not representing Shuler, but it is taking action to protect his constitutional rights.
"Nobody there is looking out for the Constitution, and that is what we offer," Marshall said in an interview Wednesday.
In October, Rob Riley - son of former Alabama Gov. Bob Riley - sued Shuler for libel after Shuler alleged on his blog that Riley had an affair. Riley asked a specially-appointed Shelby County Circuit Court judge for a preliminary injunction.
That injunction barred Shuler from posting further about Riley and ordered Shuler to remove the earlier posts about Riley from his blog.
"There is a secret docket. That is not common in American courts."
Shuler didn't appear in court to defend himself. When he was pulled over by Shelby County sheriff's deputies and served with a summons, Shuler threw the papers out the window and cursed at the officers.
In addition to granting Riley the injunction, the judge ordered the court records sealed.
When you look for Roger Shuler on the state court database, Alacourt, the search results return several cases, but none of them is the defamation lawsuit in which the Shelby County blogger is being jailed for contempt of court.
If you know the case number, you can type it in, but that only yields a white screen, blank but for four words in big red letters.
"This case in confidential," it says.
As a result, basic information about the lawsuit, such as the parties involved, hearing dates and the status of the defendant are hidden from public view.
According to Marshall, sealing an entire case is rare and usually happens in cases involving minors. But in this instance, it essentially creates a secret court in Shelby County, he said.
"There is a secret docket," he said. "That is not common in American courts."
Even if Shuler did not appear in court to defend himself, the judge should have made considerations for the constitutionality of his orders, Marshall said.
The injunction against Shuler violates the constitutional principle barring prior restraint, he said, and a closed court harms the public.
"Even with a default judgment, the remedy being sought here requires a heightened review of the standards," Marshall said.
Marshall said that the court has scheduled a conference call for Thursday afternoon and the judge could consider the ACLU's motion then.
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