Saturday, January 21, 2006
A California appellate court has upheld a lower court in the case of Burkle v. Burkle. The proceeding involved the interpretation of California Family Code section 2024.6, which allowed the sealing of "any pleading that lists and provides the location or identifying information of financial assets of the parties." Millionaire Roy Burkle had wanted to prevent his wife's lawyer, and various media, from obtaining information about his assets. Trial court judge Roy Paul had ruled that the statute was not narrowly tailored to achieve the result desired by the Legislature, but he allowed Mr. Burkle time to appeal his February 28, 2005 order. In its January 20, 2006 opinion, the appellate court agrees that on its face the statute violates the First Amendment. Read the decision here.