THE TRIBUNE COMPANY, PETITIONER,
v.
HONORABLE JOHN A. RUDD, CIRCUIT JUDGE OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA, THE FLORIDA COMMISSION ON ETHICS, AND AMBROSE GARNER, RESPONDENTS
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The Tribune Company sought certiorari review of a circuit judge's order closing an injunction hearing to the press and public and sealing the pleadings and record. The court granted the petition and required the judge to conduct a post-closure hearing to determine whether continued sealing of the records was justified under established precedent.
The petition for certiorari is granted. The judge must conduct a post-closure hearing to determine whether the continued sealing of the pleadings and record is justified by examining the necessity of closure, availability of less restrictive alternatives, and whether closure achieves the desired objectives. The merits of the judge's closure order are not addressed at this time.
[1] A writ of certiorari is the appropriate remedy to review an order closing a hearing to the press and public.
[2] The press may challenge the closure of a hearing but is not a party to the underlying action and cannot seek review of the merits of the hearing's outcome.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The press is permitted to challenge the closure of a hearing but this does not make it a party to the hearing nor allow it to seek review of the merits of the action taken at that hearing.”
Establishes the limited scope of press rights in challenging closures—they can challenge closure itself but not the merits of actions taken at the closed hearing
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Join FLexlaw to unlock all legal intelligenceThe Florida Commission on Ethics was investigating Ambrose Garner. The day before a scheduled Commission hearing, Garner sought an injunction against …
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MILLS, Judge.
The Tribune Company petitions for a writ of certiorari to review an order of Judge Rudd closing an injunction hearing to the press and public and preventing access to the pleadings and the record of that hearing.
This case arises from an investigation of Ambrose Garner by The Florida Commission on Ethics. The day before a scheduled hearing by the Commission, Garner sought an injunction against the Commission. A hearing on the injunction was set for 2:00 p. m. At approximately 10:00 a. m., Judge Rudd informed The Tribune’s reporter that the press would not be allowed in the hearing. At 1:55 p. m., a delay was requested by The Tribune and refused. Review in this court was sought which resulted in an order directing a hearing on closure in accordance with State ex rel. Miami Herald Publishing Co. v. McIntosh, 340 So. 2d 904 (Fla.1977). Judge Rudd was informed of our decision, but only after the hearing had been completed. The Tribune renewed its petition seeking access to the file in the circuit court and a transcript of the hearing, as well as vacating any order entered at that hearing.
The last relief sought is beyond our jurisdiction in this proceeding. The press is permitted to challenge the closure of a hearing but this does not make it a party to the hearing nor allow it to seek review of the merits of the action taken at the hearing.
It is, of course, pointless to require further proceedings on the issue of access to the hearing itself. The pleadings and record are still sealed, however. A post-closure hearing is in order to determine the propriety of continued closure of these records. Gadsden County Times, Inc. v. Willis, 377 So. 2d 817 (Fla. 1st DCA 1979). This hearing should inquire into the necessity of closure, availability of less restrictive alternatives, and whether closure achieves the desired objectives. Any order resulting from this proceeding may then be reviewed here, with a record sufficient for that purpose. Gadsden County Times, supra.
Judge Rudd did in fact enter an order explaining his reasons for closing the hear ing. The merits of this order are not before us now.
The petition is granted and the respondent judge is directed to conduct proceedings in accordance with this opinion.
SHIVERS and WIGGINTON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. ex rel. Miami Herald Publ'g Co. v. McINTOSH, 340 So. 2d 904 (Fla. 1976)
- Gadsden Cnty. Times, Inc. v. The Honorable Ben C. Willis, 377 So. 2d 817 (Fla. 1st DCA 1979)