EFTA00183642¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA¶
ADMINISTRATIVE ORDER NO. 2.032 - 10/06*¶
IN RE: SEALING COURT HEARINGS AND RECORDS¶
WHEREAS all court proceedings are public events and a strong presumption of public access attaches to all proceedings and their records; and¶
WHEREAS records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business are subject to public disclosure; and¶
WHEREAS privacy rights of litigants may in certain circumstances require that court records or documents in the record should be sealed.¶
NOW, THEREFORE, it is ORDERED that to balance the competing interests of litigants’ privacy interests and the public’s right to access to court records, the following procedures are established for sealing court records:¶
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When a Motion is received for the sealing of a hearing or all or part of a court record, the Court will direct a hearing be held on same. The Court will give notice of the hearing by posting same on the electronic bulletin board established by the Clerk of Court expressly for this purpose. Unless otherwise ordered with a reason given by the Court, notice should include enough disclosure to identify the case, the movant, the respondent, and a brief, generic description of the matters sealed or sought to be sealed.
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The Court will not set a hearing less than ten (10) days prior to the notice being given to the public and the press.
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Where prior notice to the public and press regarding the sealing of a record is not practicable, the Court will address such Motion, and if granted, provide notice of any decision to seal on the Clerk’s electronic bulletin board. Unless otherwise ordered with a reason given by the Court, notice should include enough disclosure to identify the case, the movant, the respondent; and a brief, generic description of the matters sealed or sought to be sealed.
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Access to court proceedings and records may be restricted to protect the interests of litigants only after a showing that the following has been met:
(i) the measure limiting or denying access, closure or sealing of records or both, is necessary to prevent a serious and imminent threat to the administration of justice;¶
EFTA00183643¶
(ii) no less restrictive alternative measures are available which would mitigate the danger; and¶
(iii) the measure being considered will in fact achieve the court’s protective purpose.¶
- The reasons supporting sealing the file must be stated with specificity in the order sealing the court record or hearing. The Case number should remain accessible on banner** regardless of whether the case has been sealed.
DONE and ORDERED, in Chambers, at West Palm Beach, Florida this 13th day of October, 2006.¶
Judge Kathleen J. Kroll, Chief Judge¶
- supersedes administrative order no. 2.032 - 7/04
The Court recognizes the present technology (as of October 10, 2006) used by the Clerk supports this, however it can not happen without a system modification which shall be completed by December 31, 2006.¶
EFTA00183644¶