The US Judicial Conference Advisory Committee on Criminal Rules Thursday rejected a proposed rule to expand public access to financial information defendants submit to obtain court-appointed counsel in a criminal trial. The rejected rule was inspired by the July 2021 disclosure of attorney Michael Avenatti’s financial filings in an embezzlement case.

The Judicial Conference Advisory Committee on Criminal Rules is a committee of federal judges, practicing lawyers, law professors, state chief justices and officials from federal legal organizations. The US Supreme Court established the committee to help draft federal rules of procedure, which govern court proceedings in US federal courts. The committee reviews recommended rule changes, researches the issue, then reports their findings along with any proposed changes to the rule to the general public.

The rejected rule change dealt with Rule 49.1 of the Federal Rules of Criminal Procedure, which shields most of the information contained on financial filings with the court in criminal proceedings. The committee submitted their recommendations to the US Supreme Court earlier this month, which did not include any reference to Rule 49.1.

The rule change was first recommended by US District Judge Jesse Furman during Avenatti’s embezzlement trial. Furman wrote the committee asking that they change Rule 49.1 “to acknowledge that the financial disclosure forms that defendants submit to demonstrate financial eligibility for appointed counsel…may be…subject to a right of public access under either or both the common law or the First Amendment.”

While the committee agreed to review the rule in November 2021, any change to the rule was rejected. According to Reuters, US District Judge André Birotte, the committee chair, said Rule 49.1 already provided judges discretion to allow unredacted sealed filings.