The Silent Erosion: How Missouri's Secret Court System Undermines Democracy

The Disturbing Reality of Missouri’s Hidden Justice System

In the heartland of America, a quiet assault on judicial transparency is unfolding within Missouri’s court system. The state’s implementation of “security levels” has created a parallel justice system where cases involving domestic violence by political candidates, sexual abuse by law enforcement officers, and lawsuits between prominent attorneys can vanish completely from public view. When a judge assigns a “security level five” designation, cases disappear from Missouri’s online court database and become inaccessible even in person at courthouses. This system operates with minimal justification requirements, creating what amounts to a judicial black hole where accountability goes to die.

The practice has enabled numerous concerning instances: a Missouri House candidate’s history of domestic violence allegations disappeared from public records; a Highway Patrol trooper’s sexual abuse of a fellow officer was concealed; even lawsuits between prominent St. Louis attorneys vanished without trace. The system’s opacity means that not only are the details of these cases hidden, but their very existence can be denied to the public, journalists, and sometimes even the parties involved.

How Security Levels Create Judicial Secrecy

Missouri’s court cases are assigned security levels ranging from one to nine, with level one being fully public and level nine reserved for expunged cases. While most levels have specific, documented purposes, security level five stands as a troubling exception with only the vague description “cases under court order.” When assigned this level, cases disappear completely from public access - including case names, hearing schedules, and final judgments.

The recent December 16 order from the Supreme Court of Missouri attempts to address some concerns but introduces new problems. While clarifying some rules, it includes a concerning “catch-all” provision that could make it easier for judges to close files without compelling justification. This creates a system where judicial transparency depends on the individual preferences of judges rather than consistent constitutional principles.

The Human Cost of Judicial Secrecy

The practical consequences of this system are devastating for ordinary citizens. Amanda Mendez, editor-in-chief of the Howell County News, reports multiple instances where community members were harmed by this secrecy. One woman missed her divorce hearing because her case’s security level was upgraded without her knowledge, leaving her unable to access scheduling information online. In another heartbreaking case, family members of a child sex abuse victim panicked, believing charges had been dropped when the case disappeared from public view.

These stories reveal how judicial secrecy doesn’t just affect powerful figures seeking to avoid accountability - it actively harms vulnerable citizens navigating the legal system. When people cannot access basic information about their own cases, when families are left in the dark about justice proceedings, the system has failed its fundamental purpose of serving the public.

The Democratic Crisis of Hidden Justice

This systematic concealment of court records represents nothing less than a crisis for democratic accountability. Dan Curry, attorney for the Missouri Press Association, rightly notes that open courts are essential to democracy. The Missouri Constitution itself emphasizes the importance of open courts and open records, establishing transparency as the default setting for justice. When judges can make cases disappear with minimal justification, they undermine the public’s right to know how justice is administered.

The cases being hidden are particularly concerning because they involve public officials and matters of public concern. When a political candidate can conceal allegations of domestic violence, voters are deprived of essential information needed to make informed decisions. When law enforcement officers can hide misconduct allegations, the public cannot properly assess whether those entrusted with power are worthy of that trust.

The Chilling Effect on Press Freedom

This system creates an environment where journalists cannot perform their essential watchdog function. When cases disappear completely, reporters cannot even verify their existence, much less report on their contents. This creates ideal conditions for corruption and abuse of power to flourish unchecked. The Columbia Missourian’s reporting on this issue revealed how court staff would refuse to provide any information about level five cases, sometimes expressing surprise that reporters even obtained case numbers.

This level of secrecy prevents the media from fulfilling its constitutional role as a check on power. If the press cannot access basic information about court proceedings, the public cannot hold the justice system accountable. This creates a dangerous imbalance where power operates without oversight.

The Constitutional Imperative for Transparency

The Missouri and United States Constitutions establish clear principles regarding open courts and public access to judicial proceedings. These principles recognize that justice must not only be done but must be seen to be done. When cases involving public figures and matters of public concern are hidden from view, the system violates these constitutional commitments.

The First Amendment guarantees not just the right to speak but the right to access information about government proceedings. When courts operate in secret, they effectively nullify this constitutional right. The people cannot govern themselves effectively if essential information about their government’s operations is systematically concealed.

Toward a Solution: Principles for Reform

The Missouri Supreme Court’s recent rule changes represent a partial step toward addressing these concerns, but much more needs to be done. Several principles should guide comprehensive reform:

First, transparency must be the default setting for all court proceedings. Any exception must require specific, compelling justification that outweighs the public’s right to know.

Second, the process for sealing cases must itself be transparent. Judges should be required to issue written findings explaining why secrecy is necessary, and these findings should be publicly accessible.

Third, parties should not be allowed to purchase secrecy through settlement agreements. The public’s right to know cannot be waived private parties, particularly when public officials or matters of public concern are involved.

Fourth, the system must provide adequate notice to all parties when cases are sealed, preventing situations where people miss hearings or mistakenly believe their cases have been dismissed.

Conclusion: Restoring Faith in Missouri’s Justice System

Missouri faces a critical choice about what kind of justice system it wants to have: one that operates in daylight, subject to public scrutiny and accountability, or one that functions in shadows, where power can avoid accountability and the public remains in the dark. The current system of judicial secrecy undermines the very foundation of democratic governance.

The people of Missouri deserve better. They deserve a justice system that reflects the constitutional values of openness and accountability. They deserve to know when their political candidates have been accused of violence, when their law enforcement officers have been accused of abuse, and when their judicial system is making decisions that affect their communities.

This is not just a legal issue - it is a moral imperative. A democracy cannot function without an informed citizenry, and an informed citizenry cannot exist without access to information about how justice is administered. Missouri’s leaders must choose transparency over secrecy, accountability over concealment, and democracy over opacity. The future of democratic governance in Missouri depends on this choice.