Tuesday, June 6, 2006

Case Law Development: Court May Not Grant Blanket Orders Sealing Divorce Records

After their divorce, husband and wife moved to have their divorce records sealed, which the trial court granted.  In a challenge by the Times-Picayune newspaper to the order, the Supreme Court of Louisiana granted a writ vacating the trial court's order.  The court commented:

"Considering the strong constitutional bias in favor of open access by the public to court proceedings, we find the trial court's blanket order sealing the entire record in this case to be overbroad. Although there may be some justification for sealing certain sensitive evidence in a proceeding, the parties have the burden of making a specific showing that their privacy interests outweigh the public's constitutional right of access to the record. The trial court, should it grant such relief, must ensure that its order is narrowly tailored to cause the least interference possible with the right of public access."

Copeland v. Copeland, 2006 La. LEXIS 1649 (June 2, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/06/case_law_develo_4.html

Divorce (grounds) | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d835632bb569e2

Listed below are links to weblogs that reference Case Law Development: Court May Not Grant Blanket Orders Sealing Divorce Records:

Comments

Post a comment