Privacy and Probate Proceedings
George A. Smith IV disappeared from a cruise ship in 2005, while on his honeymoon. His body has never been found, but he is presumed dead. His wife, Jennifer Hagel Smith, filed a wrongful death claim against the cruise line (Royal Caribbean). Ms. Smith has reached a settlement with Royal Caribbean, which (according to this article) would "net the estate more than $1 million and give her access to shipboard data and witness statements that presumably would shed more light on what happened on the cruise ship." However, the settlement needs to be approved by a probate judge, and Mr. Smith's parents appear ready to contest the settlement.
My concern is with the fact that all parties want the hearing on the settlement agreement to be closed to the public. Here's Ms. Smith's attorney, Douglas Brown:
"We're in a situation where we're going to have to explain the pros and cons of the settlement to the court," Brown said. "You do not want Royal Caribbean to know all of your reasoning for why you might not think your case is strong in the event you are going to have to turn around and sue them."
I understand his point, but the courts are a public resource, paid for by the public. The parties get the ability to resolve their disputes at very little cost (court fees tend to be very low), but in a public proceeding. You shouldn't get the advantages of the court system while also eliminating the inconveniences, no matter how rich or important you think you are.
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