§ 13.90

In Re Glaxosmithkline Plc. · 2007 1 citation

+ 1 more citation in this opinion.

In re GlaxoSmithKline plc · 2007 1 citation

+ 1 more citation in this opinion.

State v. CPH · 2006 1 citation

II. As a final matter, C.P.H. has moved to seal the appellate file in this case. We hereby grant the motion. We are mindful that the public generally is entitled to access judicial records. But this right of access is not absolute. Court proceedings and documents enjoy a presumption of openness that ordinarily may not be overcome absent a showing that a party's constitutional rights would be at risk if the proceeding or document is made public. In re GlaxoSmithKline PLC, 699 N.W.2d 749, 755 (Minn.2005). With respect to expungement in particular, the Minnesota Supreme Court has permitted *705 judicial records to be sealed even when a constitutional right is not at issue. State v. C.A., 304 N.W.2d 353, 358-61 (Minn. 1981). In C.A., the supreme court acknowledged the inherent authority "to control the performance of judicial functions," and stated that "[i]nherent judicial power governs that which is essential to the existence, dignity, and function of a court because it is a court. Part of that function is to control court records and agents of the court in order to reduce or eliminate unfairness to individuals...." Id. at 358 (quotation and citation omitted). There is no statutory mandate to make judicial records accessible to the public. Minnesota statutes requiring public access to government data do not apply to the judiciary. Minn. Stat. § 13.90, subd. 2 (2004). Rather, access to judicial branch data is governed by the Rules of Public Access to Records of the Judicial Branch, promulgated by the Minnesota Supreme Court on July 1, 1988, and amended on July 1, 2005. See id. Under the rules, all court records are presumed to be open to the public, but some records are not accessible absent a court order. Minn. R. Pub. Access to Recs. of Jud. Branch 2. Case records may be made inaccessible to the public pursuant to court rules or orders. Minn. R. Pub. Access to Recs. of Jud. Branch 4, subd. 1(f)(2). A list of such commonly inaccessible records is maintained on the Minnesota Judicial Branch website, and the list includes records that have been expunged. Access to Case Records Table, http://www.courts.state.mn.us.us/rules/publicaccess/case.doc. Accordingly, it is neither contrary to public policy nor public expectation to seal a file containing information that is the subject of an expungement order. "Expungement means to `erase all evidence of the event as if it never occurred....'" State v. M.B.M., 518 N.W.2d 880, 882 (Minn.App.1994) (quoting Barlow v. Comm'r of Pub. Safety, 365 N.W.2d 232, 233 (Minn.1985)). If an expungement order does not completely eliminate the public's access to the sealed records, it has not achieved its statutory purpose. Here, the district court's expungement order sealed all "official records, including all records relating to the ... investigation, arrest, complaint, court appearance and continuance for dismissal...." Because the appellate court file is replete with references to C.P.H.'s identifying information, as well as the underlying criminal charges, the appellate court file must be sealed in order to give any meaningful effect to the district court expungement order and to prevent unfairness to C.P.H. In order to preserve the public's access to the arguments presented for consideration in this appeal, we order the parties to refile their briefs absent any reference to C.P.H.'s identifying information or the underlying criminal charges.[2] The amended briefs shall be filed with this court within 30 days of the filing of this opinion. The amended briefs will then become the public appellate file. The original briefs and the remainder of the original appellate file shall be kept in a separately bound confidential appellate file. This resolution provides a balanced solution that respects the public's right to access judicial records while giving full effect to the district court's expungement order and preventing unfairness to C.P.H.

State v. C.P.H. · 2006 1 citation

+ 1 more citation in this opinion.