Belk v. State ex rel. Attorney General

420 S.E.2d 682, 107 N.C. App. 448, 20 Media L. Rep. (BNA) 1733, 1992 N.C. App. LEXIS 732
CourtCourt of Appeals of North Carolina
DecidedSeptember 15, 1992
DocketNo. 9126DC517
StatusPublished
Cited by1 cases

This text of 420 S.E.2d 682 (Belk v. State ex rel. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belk v. State ex rel. Attorney General, 420 S.E.2d 682, 107 N.C. App. 448, 20 Media L. Rep. (BNA) 1733, 1992 N.C. App. LEXIS 732 (N.C. Ct. App. 1992).

Opinion

WYNN, Judge.

This appeal arises as the result of action taken by WSOC, a television station in Charlotte, North Carolina, to attend the commitment hearing of Timothy Belk (“Belk”).

Apparently, after Belk began exhibiting violent and hallucinatory behavior, family members asked the Shiloh True Light Church of Mint Hill, North Carolina (“Church”) for help in controlling him. The Church responded by confining Belk in a wire cage. Subsequently, several reporters with WSOC investigated and reported [450]*450in a television broadcast the story about Belk. Upon returning to do a follow-up story, they found that Belk had been taken from the Church and was being held at the Mecklenburg County Mental Health Center.

Belk’s family members, upset that Belk had been taken by Mecklenburg County officials against his will, informed WSOC on or about 7 September 1990, that a hearing was to be held in Mecklen-burg County District Court on 12 September 1990, to determine whether Belk should be committed to a state hospital. On 11 September 1990, the trial court allowed WSOC, the Children’s Law Center, Charlotte Mecklenburg Hospital and the Mecklenburg County Area Mental Health Authority to intervene for the purpose of being heard on a motion in the cause on the question of whether the hearing and Belk’s medical records should be open to the public. On 22 February 1991, the Honorable L. Stanley Brown denied the motion to open the proceedings to the public. WSOC appeals from this determination.

The appellant, WSOC, assigns error to the trial court’s determination that the hearing and medical records of Belk should remain closed to the public. Appellant argues that N.C. Gen. Stat. §§ 122C-251 to 271 (1989), which provide for involuntary commitment proceedings, are unconstitutional as they violate the right of public access to the courts as guaranteed by the First and Fourteenth Amendments of the United States Constitution and the North Carolina Constitution.

In challenging the constitutionality of a statute, the burden of proof lies with the challenger. Smith v. Wilkins, 75 N.C. App. 483, 485, 331 S.E.2d 159, 161 (1985). Furthermore, statutes must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears. Vinson v. Chappell, 3 N.C. App. 348, 350, 164 S.E.2d 631, 632 (1968), aff'd, 275 N.C. 234, 166 S.E.2d 686 (1969).

United States Constitution

Initially, the appellant contends the First and Fourteenth amendments of the United States Constitution create a presumption that court proceedings should be open. In support of this contention, it cites Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 65 L. Ed. 2d 973 (1980) and Globe Newspaper Co. v. Superior Court, [451]*451457 U.S. 596, 73 L. Ed. 2d 248 (1982). Both cases are distinguishable from the case at hand.

In Richmond, the United States Supreme Court considered the narrow issue of whether the public and press had a constitutional right to attend criminal trials. Although the Court held the public had a guaranteed right under the First and Fourteenth Amendments of the United States Constitution to attend a criminal trial, the Court specifically noted that the right of the public and the press to attend civil trials was not before the Court and as such, its holding was only applicable to a criminal proceeding. Richmond, 448 U.S. at 580 n.17, 65 L. Ed. 2d at 992 n.17. Since a commitment hearing is a civil rather than a criminal proceeding, In re Underwood, 38 N.C. App. 344, 347, 247 S.E.2d 778, 780 (1978), Richmond is not controlling authority in this case.

Globe is cited by the appellant for the proposition that “the state of North Carolina may [not] mandatorily close an entire category of judicial proceedings without conducting a case by case analysis of the requirements for closure as mandated by the Supreme Court of the United States.” In Globe, the Court held that a state statute which requires the mandatory exclusion of the public from the courtroom during the testimony of a minor victim in a sex-offense trial violated the First Amendment. 457 U.S. at 602, 73 L.Ed.2d at 254. However, the application of Globe is as limited as the application of Richmond since the Court did not address the exclusion of the public from a civil trial. Indeed, Justice O’Connor emphasizing this limitation wrote in a concurring opinion that:

Richmond Newspapers rests upon our long history of open criminal trials and the special value, for both public and accused, of that openness. As the plurality opinion in Richmond Newspapers stresses, “it would be difficult to single out any aspect of government of higher concern and importance to the people than the manner in which criminal trials are conducted.” Thus, I interpret neither Richmond Newspapers nor the Court’s decision today to carry any implications outside the context of criminal trials.

Globe, 457 U.S. at 611, 73 L.Ed.2d at 260 (O’Connor, J., concurring) (citations omitted). Like Richmond, the Globe decision is not applicable to civil commitment hearings.

[452]*452The appellant nonetheless urges this Court to consider a footnote in Gannett Co. v. DePasquale, 443 U.S. 368, 61 L.Ed.2d 608 (1979), to support the proposition that the First Amendment’s guarantee of public access to criminal proceedings applies with equal force to civil proceedings. The footnote in Gannett acknowledges that civil trials have traditionally been open to the public. Gannett, 443 U.S. at 386, 61 L.Ed.2d at 625, n.15. We are disinclined to make such an application in this case and therefore specifically hold that the holdings in Richmond and Globe are inapplicable to civil commitment proceedings. Moreover, North Carolina’s civil commitment process can be distinguished from the traditional civil trial since prior to 1973 the commitment procedure did not require formal judicial hearings. See Robert D. Miller and Paul B. Fiddleman, Involuntary Civil Commitment in North Carolina: The Result of the 1979 Statutory Changes, 60 N.C. L. Rev. 986, 993 (1982).

We note further that the constitutionality of North Carolina’s commitment statutes was ruled on by the United States District Court in French v. Blackburn, 428 F, Supp. 1351 (M.D.N.C. 1977), aff’d, 443 U.S. 901, 61 L. Ed. 2d 869 (1979). In French, the plaintiff brought suit contending that the North Carolina commitment statute was unconstitutional because his hearing had not been opened to the public. The district court held that the proceedings for involuntary commitment by nature, was informal and closed to the public. “This privacy and informality, which are obviously legislated for the purpose of protecting one subjected to the proceedings from suffering additional trauma, would be totally lost if a jury were present.

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Related

Matter of Belk
420 S.E.2d 682 (Court of Appeals of North Carolina, 1992)

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Bluebook (online)
420 S.E.2d 682, 107 N.C. App. 448, 20 Media L. Rep. (BNA) 1733, 1992 N.C. App. LEXIS 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belk-v-state-ex-rel-attorney-general-ncctapp-1992.