This Supreme Court Term: Our Rights and Freedoms at Stake

Court Officials Must Disclose Documents Containing Secret Guidance to Judges on How to Interpret Laws, NY Appeals Court Rules

NEW YORK – In a victory for judicial transparency, today the New York Appellate Division, First Department unanimously affirmed a previous New York County Supreme Court order in NYCLU v. New York State Office of Court Administration (OCA) that requires OCA to disclose all memos it sent to judges that contain guidance on how to interpret and apply the law. The ruling affirmed that the memos — which inform how courts adjudicate New Yorkers’ rights — cannot be considered privileged attorney-client communications or internal judicial deliberations.
“Today’s ruling rightly affirms that the public deserves to understand how our judicial system operates, and what goes into judges’ decision-making,” said Daniel Lambright, supervising attorney with the New York Civil Liberties Union. “Every day, judges make decisions that can dramatically impact New Yorkers’ rights, especially within vulnerable communities. New York’s judicial system is strongest when it is transparent, accountable, and responsive to the public. After years of litigation, today’s First Department decision makes clear: it’s time for OCA to finally do the right thing and turn over the memos.”
“It’s been five years since OCA admitted that it sends memos to judges purporting to advise them on how to decide cases,” said Terry Ding, staff attorney with the ACLU’s State Supreme Court Initiative. “The Freedom of Information Law exists to give the public access to documents like this, so that the process of government decision-making is not shrouded in secrecy. The decision today confirms that OCA must release the memos.”
Intended to be a non-partisan, administrative arm of New York’s court system, OCA oversees operations, staffing, and day-to-day support for judges. But in 2021, the New York Focus revealed that OCA had a practice of issuing secret guidance to state court judges, including for cases concerning critical civil rights — like whether defendants in criminal cases should be granted bail and whether to uphold due process protections for people accused of crimes. As shown by the leaked 2021 Crawford Memorandum, these directives seem to carry weight in how state court judges rule.
The NYCLU and ACLU have been fighting for these records for five years. In September 2021, the NYCLU filed a Freedom of Information request expressing concern over OCA’s secretive practices, and requested copies of all memos of this nature. The agency denied the request, so the NYCLU sued, arguing that the public is entitled to such guidance. The trial court then ordered OCA to produce its memos, but OCA appealed. In October 2025, the Court of Appeals ordered OCA to turn over any responsive documents to be reviewed. OCA identified 22 memos that it has continued to fight to keep secret. Today’s ruling affirms that OCA has no basis to continue withholding these memos.
Today’s decision can be found here. All case materials can be found here.