Tobin v. Broadfoot

As I see it, there is but one, and only one, issue before us in this proceedings. It may be simply stated in the form of a question: Can a district judge hear evidence and enter an order, such as Judge Broadfoot has entered in this particular case, in secret and in the absence of the interested parties? By the majority opinion my brethren say “Yes.” I cannot agree. Section 13 of Article I of our Constitution, in part, says: “All courts shall be open ....” The term of court in which he enters the order can have no bearing on the basic issue just stated. Only incidentally are my brethren…