Copley Press, Inc. v. Superior Court

Copley Press, Inc. (petitioner) brought an original action in the superior court, naming as respondents the superior court as well as six specific sitting judges of the court. The petition sought an order providing access to certain court records, and was based upon the contention that petitioners had both constitutional and statutory rights to view the records. The denial of the petition raises an issue reviewable by extraordinary writ, because the contention asserts failure by the court to perform a ministerial act (opening court records to public view) and also contends a violation of rights which can be effectively remedied only by prompt and extraordinary relief. (See Code Civ. Proc., §§ 1085, 1086; 8 Witkin, Cal. Procedure (3d ed. 1985) Extraordinary Writs, § 4, p. 643.) We therefore have entertained the writ, sought full briefing and heard oral argument.

Factual and Procedural Background

Unlike most reported cases involving assertion by the press of a right to access to court proceedings or records, this petition addresses no pending or past court case or hearing. Petitioners sought to review randomly the minute books of the clerks serving six specific superior…