Souter's records closed until 2059.

• Position: GOVERNMENT RECORDS

Currently, no formal policy or law exists to govern the preservation or release of the records of U.S. Supreme Court justices, but many believe one is needed.

Consider the recent case of former Justice David H. Souter. Upon his retirement in September, he agreed to donate his personal and professional documents to the New Hampshire Historical Society in his home state. However, per his wishes, the records are closed to the public, including researchers, historians, and journalists, for 50 years from the date of his retirement.

According to The Washington Post, only Supreme Court documents that are part of an official case record, such as briefs, final opinions, and orders, must be preserved for any length of time. But no such rules govern a justice's work product, which could include notes from private conferences, opinion drafts, or case-related communication with colleagues or clerks. If they want to, The Post noted, Supreme Court justices are within the law to order their documents shredded, burned, or otherwise destroyed. In fact, Justice Charles Evans Whittaker did just that after leaving the court in 1962.

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For these reasons, critics say...