In Re Marriage of Nicholas

Good Law
113 Cal. Rptr. 3d 629·186 Cal. App. 4th 1566
Court of Appeal of CaliforniaJuly 29, 2010G042365California4,521 words

Opinion

Opinion

Aronson, J.

Consistent with First Amendment principles, California has a long-standing tradition of open civil proceedings. This applies with equal force to family law cases, although trial courts may redact or seal particular documents to protect private information concerning an overriding privacy interest, including matters pertaining to the custody and visitation of minor children. (NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178 [ 86 Cal.Rptr.2d 778 , 980 P.2d 337 ] (NBC Subsidiary); In re Marriage of Burkle (2006) 135 Cal.App.4th 1045 [ 37 Cal.Rptr.3d 805 ] (Burkle).)

The trial judge initially assigned to the family law case now before us issued several different orders sealing the court record and establishing a procedure blocking public access. Later, a newly assigned trial judge issued a revised sealing order to provide a procedure for public access in compliance with the NBC Subsidiary and Burkle decisions, as implemented by California Rules of Court, rules 2.550 and 2.551.

Appellant Henry T. Nicholas (Nicholas) contends the family law court lacked jurisdiction to issue the revised sealing order because it was bound by the initial family law…

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