The private arbitration process used by the Delaware Chancery Court has been declared unconstitutional by a federal judge.
US District Judge Mary McLaughlin ruled that it amounts to a civil nonjury court proceeding and must be made public.
The ruling reflects arguments made by open government groups who have called the arbitration process “a secret court” since its proceedings take place behind closed doors.
The lawsuit got national attention when major news outlets like The New York Times, the Washington Post and the Associated Press challenged the closed-door hearings.
Attorney David Finger told the Wilmington News Journal which also joined the challenge that he had no doubt it was an unconstitutional proceeding.
But the Chancery Court released a statement through its attorney indicating that the case would be taken to the US Third Circuit Court of Appeals.
