In re Interdiction of Benson
In re Interdiction of Benson
Opinion of the Court
In re Renee Benson, et ah; Rita Le-Blanc; Ryan LeBlanc; — Other(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, No. 2015-00655; to the Court of Appeal, Fourth Circuit, No. 2015-CA-0874.
|! Writ denied.
Concurring Opinion
additionally concurs and assigns reasons.
|2I agree with the majority’s decision to deny the writ, as I believe it lacks Rule X considerations. I also agree with the majority’s decision to allow exhibits to applications to this Court to be filed under seal. I write separately, however, to express my belief, consistent with our Constitution, that court- proceedings should be open to the public unless there is a constitutional or statutory basis to close proceedings.
Article I, Section 5 of the Louisiana Constitution affords a baseline right to privacy to each citizen: “[ejvery person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy.” Furthermore, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) limits the dissemination of a person’s medical records absent that person’s consent.
In summary, state and federal authority exists on which to base a determination that these sensitive proceedings, which heavily rely on protected medical information, should be closed to the public. It is therefore my view that the trial court did not err in finding “good cause” to allow a closed hearing.
Reference
- Full Case Name
- In re INTERDICTION OF Thomas Milton BENSON, Jr.
- Cited By
- 2 cases
- Status
- Published