Myles v. Myles
Myles v. Myles
Opinion of the Court
Opinion
The plaintiff, Ann Myles, appeals from the judgment of the trial court granting the motion of the defendant, Robert Myles, for an order that the plaintiff refrain from further disseminating or discussing the content of the transcript of the court’s November 25, 2008 hearing on custody and parenting issues (visitation hearing). On appeal, the plaintiff claims that the court, Shay, J., exceeded its authority by expanding the original sealing order of the court, Hon. Dennis F. Harrigan, judge trial referee. Specifically, she claims that Judge
The relevant facts are as follows. The plaintiff and the defendant were married on November 5, 1988, and have two minor children. In February, 2007, the plaintiff initiated a dissolution proceeding against the defendant. On November 17, 2008, the defendant filed a motion requesting that the court order that the courtroom be closed for the visitation hearing and that the record of that hearing be sealed pursuant to General Statutes §§ 46b-!!
On appeal, the plaintiff claims that Judge Shay improperly construed Judge Harrigan’s order and expanded its prohibitions. She argues that Judge Harrigan, in his November 25, 2008 order, closed the courtroom and sealed from public inspection the transcript and record from the visitation hearing, but that he did not enter a gag order
“The construction of a judgment is a question of law for the court. ... As a general rule, judgments are to be construed in the same fashion as other written instruments. . . . The determinative factor is the intention of the court as gathered from all parts of the judgment. . . . The judgment should admit of a consistent construction as a whole. ... To determine the meaning of a judgment, we must ascertain the intent of the court from the language used and, if necessary, the surrounding circumstances.” (Internal quotation marks omitted.) Waterbury v. Phoenix Soil, LLC, 128 Conn. App. 619, 626, 20 A.3d 1 (2011).
In this case, the defendant filed a motion, pursuant to §§ 46b-ll and 46b-49, to close the visitation hearing to the public and to keep “confidential and not . . . open to public inspection” the record of that hearing.
Section 46b-ll provides in relevant part that “[t]he records and other papers in any family relations matter may be ordered by the court to be kept confidential and not to be open to inspection except upon order of the court or judge thereof for cause shown.” (Emphasis added.) The defendant requested, in part, in his motion for order that the court order that the record of the visitation hearing be kept confidential pursuant to § 46b-ll. Judge Harrigan granted that motion. Although the dissent posits that we have “nonetheless concluded, through a single declarative statement, that the statute prohibited the parties from disseminating the visitation hearing transcript,” we have made no such declaration. Section 46b-ll clearly states that the court, inter alia, may order that the record and papers be kept confidential. In this case, Judge Harrigan granted the defendant’s motion that the “records and other papers pertaining to the custody and parenting issues” remain confidential,
The dissent also asserts that Judge Harrigan’s intent to allow the parties to disseminate the transcript can be discerned from his failure to grant a gag order in this case. We have found nothing in the record to demonstrate that any party requested a gag order in this case, i.e., an order in addition to or separate from the order sought by the defendant in his motion. The defendant requested, in part, that the record, which includes the transcript, be kept confidential, and Judge Harrigan clearly granted that motion.
The dissent also attempts to support its position by arguing that Judge Harrigan’s refusal to grant a request made by the plaintiffs counsel that the attorneys, but not the parties, could obtain a copy of the sealed order regarding visitation is further proof of the judge’s intent that the parties were not prohibited from disseminating the sealed transcript. We see no correlation or contradiction between Judge Harrigan’s ruling that the parties were entitled to copies of the sealed order and his order granting the motion that, in part, prohibited the plaintiffs dissemination of the sealed transcript, a copy of which the parties also were entitled to as one of the “records and other papers pertaining to the custody and parenting issues.” Judge Harrigan did not abuse his discretion either in ruling that the parties were entitled to copies of the sealed order related to visitation, or in granting the defendant’s motion to seal and to keep confidential the record of the visitation hearing, which, of necessity, meant that the parties were not at liberty to disseminate such materials to members of the public prior to seeking a further order of the court giving them permission to do so.
Judge Harrigan ordered that the record from the visitation hearing be sealed and kept confidential, in part to “to secure the privacy and security of the minor children and the parties.” The dissent fails to explain how such a clear order could be effectuated if the non-moving party simply could disseminate her copy of the transcript freely to the public without further order of the court. In this case, there was a contested hearing for which Judge Harrigan ordered the record sealed and kept confidential. The only reasonable interpretation of such an order is that neither court personnel nor the parties could disseminate parts of the record to members of the public. The dissent’s interpretation of the order simply fails to effectuate its purpose, namely, unless otherwise permitted by the court, to keep the record sealed and confidential in order “to secure the privacy and security of the minor children and the parties.”
After reviewing the record in this case, we conclude that Judge Shay properly determined that Judge Harri-gan’s order prohibited the parties from disseminating copies, portions or summaries of the transcript and the record of the visitation hearing prior to seeking a further order of the court giving them permission to do so, and that the plaintiff violated that order.
The judgment is reversed only insofar as the order prohibits the parties from merely stating or discussing the subject matter of the visitation hearing, provided the statements or discussion do not include any details of or information derived solely from the confidential proceeding and also providing such statements or discussion are based on their independent knowledge and not on information obtained from the hearing, and the case is remanded with direction to vacate that part of the order. The judgment is affirmed in all other respects.
In this opinion LAVINE, J., concurred.
General Statutes § 46b-ll provides: “Any case which is a family relations matter may be heard in chambers or, if a jury case, in a courtroom from which the public and press have been excluded, if the judge hearing the case determines that the welfare of any children involved or the nature of the case so requires. The records and other papers in any family relations matter may be ordered by the court to be kept confidential and not be open to inspection except upon order of the court or judge thereof for cause shown.”
General Statutes § 46b-49 provides: “When it considers it necessary in the interests of justice and the persons involved, the court shall, upon the motion of either party or of counsel for any minor children, direct the hearing of any matter under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 47-14g, 51-348a and 52-362 to be private. The court may exclude all persons except the officers of the court, a court reporter, the parties, their witnesses and their counsel.”
The term “gag order” appears in at least two Supreme Court opinions and three opinions of this court. See State v. Lenarz, 301 Conn. 417, 432 n.11, 22 A.3d 536 (2011); New Hartford v. Connecticut Resources Recovery Authority, 291 Conn. 489, 491, 492 nn.8 and 9, 496-97, 970 A.2d 570 (2009) (parties had been ordered “not to have any communication . . . regarding this litigation, or any ramification of this litigation, or what to do with proposed settlement funds that are coming in . . . [including] any and all communication on a website, letters, e-mails, any type of communication between the parties” [internal quotation marks omitted]); Vargas v. Doe, 96 Conn. App. 399, 414 n.11, 900 A.2d 525 (2006); State v. Kelly, 45 Conn. App. 142, 147, 695 A.2d 1 (1997); Cassella v. Civil Service Commission, 4 Conn. App. 359, 361, 494 A.2d 909 (1985), aff'd, 202 Conn. 28, 519 A.2d 67 (1987). A gag order is “[a] judge’s order directing parties, attorneys, witnesses, or journalists to refrain from publicly discussing the facts of a case. . . .” Black’s Law Dictionary (7th Ed. 1999).
The text of the defendant’s motion for closed hearing and records pen-dente lite is as follows: “The [defendant respectfully moves the [c]ourt pursuant to . . . §§ 46b-ll and 46b-49, that the courtroom be closed, and the public and press be excluded from any portion of the proceeding scheduled on Tuesday, November 25, 2008, as it pertains to the custody and parenting issues in this matter by reason of the fact that it is in the best interest of the minor children of the parties. The [defendant further moves that the records and other papers pertaining to the custody and parenting issues be kept confidential and not be open to inspection except by order of the [c]ourt for cause shown.
“Such orders are necessary to preserve interests that override the public’s and/or press’ interest in attending such proceedings and/or viewing such records and papers, and to secure the privacy and security of the minor children and the parties. The order sought is no broader than necessary to protect the interests of the minor children and parties.”
On November 25, 2008, Judge Harrigan granted the defendant’s motion, including but not limited to the portions thereof “that the records and other papers pertaining to the custody and parenting issues be kept confidential
According to Black’s Law Dictionary (7th Ed. 1999), the court record is “[t]he official report of the proceedings in a case, including the filed papers, a verbatim transcript of the trial or hearing (if any) and tangible exhibits.”
We are unable to find any support in the record for the dissent’s assertion that Judge Harrigan refused to prohibit the parties from disseminating the visitation hearing transcript. The portion of the transcript that is cited by the dissent for this point does not support the dissent’s assertion.
Concurring Opinion
concurring in part and dissenting in part. I agree with the majority that the trial court improperly prohibited the plaintiff from discussing with
The following facts are relevant to this discussion. In February, 2007, the plaintiff initiated a dissolution proceeding against the defendant. On November 17, 2008, the defendant filed a motion pursuant to General Statutes §§ 46b-ll and 46b-49 for a closed hearing and to seal the records relating to the custody and parenting issues being contested by the parties at that time. On November 25, 2008, the trial court, Hon. Dennis F. Harrigan, judge trial referee, held the visitation hearing and granted the defendant’s motion, ordering that two motions and the exhibits attached thereto be sealed, the courtroom be closed to the public and the transcript of the proceedings that day be kept under seal.
On April 26, 2010, the defendant filed a motion seeking an order that the plaintiff, in accordance with Judge Harrigan’s order, not disseminate or disclose to any other individual the transcript of the November 25,2008 hearing, nor discuss the contents of that transcript. On July 19, 2010, the trial court, Shay, J., held a hearing on that motion. Judge Shay granted the defendant’s motion for order and noted that Judge Harrigan’s order was “simple” and “straightforward,” and that he was
Whether Judge Shay properly construed the order of Judge Harrigan is a question of law subject to plenary review. See State v. Denya, 294 Conn. 516, 529, 986 A.2d 260 (2010). “As a general rule, [orders and] judgments are to be construed in the same fashion as other written instruments. . . . The determinative factor is the intention of the court as gathered from all parts of the [order or] judgment. . . . The interpretation of [an order or] judgment may involve the circumstances surrounding [its] making .... Effect must be given to that which is clearly implied as well as to that which is expressed. . . . The [order or] judgment should admit of a consistent construction as a whole.” (Internal quotation marks omitted.) Chapman Lumber, Inc. v. Tager, 288 Conn. 69, 91-92, 952 A.2d 1 (2008).
The conclusion of the majority that the parties are prohibited from disseminating the transcript of the visitation hearing is one reached through its analysis of § 46b-ll, pursuant to which the defendant requested that Judge Harrigan seal the record of that hearing. Section 46b-ll provides in relevant part: “[T]he records and other papers in any family relations matter may be ordered by the court to be kept confidential and not to be open to inspection except upon order of the court or judge thereof for cause shown.” Although it is unclear from the plain meaning of the statute whether the court may order the parties, or only court personnel, to keep the record “confidential,” the majority has nonetheless concluded, through a single declarative statement, that
The majority offers its statutory construction of § 46b-ll as if it alone decides the issue; however, our standard of review clearly indicates that when construing a court order, “[t]he determinative factor is the intention of the court as gathered from all parts of the [order or] judgment.'’'’ (Emphasis added; internal quotation marks omitted.) Chapman Lumber, Inc. v. Tager, supra, 288 Conn. 91. Even assuming that the majority’s interpretation of § 46b-ll is valid, its statutory construction is of no moment here precisely because the intention of the court is determinative of the analysis under our standard of review.
If Judge Harrigan meant to prevent the parties from disseminating the record he should have specifically ordered such a result or imposed a gag order. He did neither of these. It is my view that Judge Harrigan not only impliedly but expressly conveyed his intention that the parties were not prohibited from disseminating the visitation hearing transcript.
Because we conclude that Judge Shay improperly interpreted Judge Harrigan’s order to be a prohibition on the parties’ ability to discuss the subject matter of the visitation hearing, then we must likewise conclude that Judge Harrigan did not intend to issue a prohibition on the parties’ ability to disseminate the visitation hearing transcript. Inherent in a court’s authority to impose a gag order is the nondissemination of the transcript of the courtroom proceeding. To not issue such a gag order and then to order that the parties cannot disseminate the transcript yields an inconsistent result. It is to say that one can freely discuss the subject matter of the hearing with anyone one chooses (since a gag order was not made) but that one cannot disseminate the transcript, even though such an order was not given.
Similarly, during the visitation hearing, Judge Harri-gan expressly conveyed that he did not intend such a result. The defendant specifically asked Judge Harrigan to issue an order prohibiting the parties from disseminating his signed order, which was entered on a ten page portion of the transcript of that hearing. Judge Harrigan declined to grant the request during the following colloquy with counsel:
“[The Plaintiffs Counsel]: One question I have, Your Honor, is at some point could we get a copy of Your Honor’s signed order?
“The Court: Once I get the transcript, I will have it reduced to a written order that I will sign. That will also be under seal but each of you will be entitled to it.
“[The Plaintiffs Counsel]: Okay.
“The Court: Does that satisfy you?
“[The Plaintiffs Counsel]: That’s fine.
“[The Defendant’s Counsel]: Except, Your Honor, may we have an order that that order that is signed remain with counsel and not be disseminated beyond counsel? That is the concern.
“[The Plaintiffs Counsel]: I think the parties are entitled to a copy of the order.
“The Court: Well, it is their case.
“[The Plaintiffs Counsel]: Absolutely.
“The Court: I can’t control that but it seems to me that if they want to upset the apple cart at this late date, that is unfortunate. They are entitled to a copy of the order counsel. It is their case, like it or not.”
Accordingly, I would reverse the judgment of the trial court.
The majority states that the order of Judge Harrigan granted the defendant’s motion “that, in part . . . prohibited the plaintiffs dissemination of the sealed transcript . . . .” My review of the order indicates no such language. On November 25, 2008, Judge Harrigan granted the defendant’s motion for closed hearing and records pendente lite, which stated in relevant part: “The [defendant respectfully moves the [cjourt pursuant to . . . §§ 46b-ll and 46b-49, that the courtroom be closed, and the public and press be excluded from any portion of the proceeding .... The [defendant further moves that the records and other papers pertaining to the custody and parenting issues be kept confidential and not be open to inspection except by order of the [c]ourt for cause shown.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.