Globe Newspaper Co. v. Clerk of Suffolk County Superior Court

14 Mass. L. Rptr. 315
CourtMassachusetts Superior Court
DecidedFebruary 4, 2002
DocketNo. 015588F
StatusPublished
Cited by1 cases

This text of 14 Mass. L. Rptr. 315 (Globe Newspaper Co. v. Clerk of Suffolk County Superior Court) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Globe Newspaper Co. v. Clerk of Suffolk County Superior Court, 14 Mass. L. Rptr. 315 (Mass. Ct. App. 2002).

Opinion

Gants, J.

The plaintiff, Globe Newspaper Company, Inc. (“Globe”) has filed a complaint asking for the termination of the impoundment orders and the allowance of public inspection of the following five Suffolk County civil cases: 91-7517, 93-869, 94-4457, 94-2787, and 95-2096 (“the impounded cases”).1 By Order of this Court dated December 6, 2001, all attorneys of record in the impounded cases were provided by the Suffolk County Superior Court Clerk’s Office with the Complaint, the Globe’s Motion to Terminate Impoundment Orders, the Globe’s Memorandum in Support of Motion to Terminate Impoundment Orders, as well as the Court’s Order itself, and invited to a hearing on December 14, 2001. Counsel for the plaintiffs and for most defendants in the impounded cases appeared at that hearing, but asked for additional time to respond to the Globe’s motion so that they could review the impounded court file, confer with (and in some cases locate) their clients, and submit legal memoranda. This Court agreed to their request, and held a further hearing on the Globe’s motion to terminate the impoundment orders on January 24, 2002. Having heard from all parties and examined the applicable law, this Court allows the Globe’s motion to the extent that the impoundment order as to Civ. No. 93-869 is vacated, and the impoundment orders as to Civ. Nos. 91-7517, 94-4457, 94-2787, and 95-2096 are modified to permit impoundment only of those portions of court records that either identify the plaintiffs by name or address, or that provide information that reasonably would permit them to be identified by someone who knows them or by someone willing to engage in investigation to determine their identity.

DISCUSSION

Background

Each of the five impounded cases concern allegations that members of the clergy sexually abused children.2 None of the five cases were resolved through a trial; all appear to have been resolved through settlement. Nor, in any of the five cases, were any legal findings made as to the merits of the allegations. None of the five files contain any civil discovery.

In each of the five cases, there is a court order signed by a Superior Court judge directing the permanent impoundment of the entire file, issued upon the joint motion of all parties. Each court order makes rather generic findings in support of impoundment, which appear to have been proposed by the defendants and adopted by the Court.3 Until now, none of the impoundment orders in any of these five cases had been challenged by any third party.

Under Rule 10 of the Uniform Rules on Impoundment Procedure (“the Uniform Rules”), “any interested third person” may move to modify or terminate an order of impoundment. There can be no doubt that the Globe, as the owner of The Boston Globe newspaper, is an “interested third person” with standing to bring this motion.

The Globe, although formally moving to terminate these impoundment orders, has essentially moved simply to modify them, since it has informed the Court that it “does not seek the identities of the plaintiffs who were the victims of the alleged sexual abuse.” Reply Memorandum of Globe at 4. None of the plaintiffs in the five impounded cases wish to make public their allegations of childhood sexual abuse. As a result, their attorneys unanimously oppose any modification of the impoundment order if it were to reveal the identity of their clients, or reveal enough information to permit either informed or inquisitive persons to determine the identify of their clients. If their clients’ identities remain concealed, the attorneys for the plaintiffs in two of the impounded cases do not oppose modification of the impoundment order. However, the attorney for the plaintiffs in three of the cases opposes any modification whatsoever. The individual defendants oppose any amount of modification to these impoundment orders. The attorney for the religious institution initially opposed any modification but, on January 31, 2002, informed the Court in writing that it was withdrawing its formal opposition to the Globe’s motion.

The Law Governing Impoundment of Court Papers

When a document in a court case is filed with the court, that document is presumptively available to the general public and the press as part of the general principle that judicial proceedings, both criminal and civil, are open to all. See generally Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 546 (1977); The Boston Herald, Inc. v. Sharpe, 432 Mass. 593, [317]*317603-11 (2000). Despite the “rigorous presumption of openness,” not every document filed in court need be made publicly available. The Boston Herald, Inc. at 608. As set forth in the Supreme Judicial Court’s Uniform Rules, "(a]n order of impoundment may be entered by the court, after hearing, for good cause shown and in accordance with applicable law.” Uniform Rules, Rule 7. The Uniform Rules do not define “good cause,” but they do identify certain “relevant factors”"the nature of the parties and the controversy, the type of information and the privacy interests, the extent of community interest, and the reason(s) for the request." Id. The agreement of the parties is not sufficient, by itself, to constitute good cause for impoundment. Id.

For all practical purposes, the issues before this Court are essentially threefold:

Is there “good cause” to impound information in court documents that would reveal the identity of a plaintiff who has alleged in a civil action that he was sexually abused as a child by a member of the clergy but who dearly wishes to keep his victimization private?
Is there “good cause” to impound information in court documents that would reveal the identity of a religious institution or senior clergy in that institution who are not alleged to have committed sexual abuse themselves but are named as defendants either on a claim of vicarious liability or negligent supervision?
Is there “good cause” to impound information in court documents that would reveal the identity of a person who is alleged, when he was a clergyman, to have sexually abused a child?

Before attempting to answer any of these questions, it is important first to attempt to give greater definition to the term “good cause.”

Good Cause

The presumption that court records in civil proceedings are available to the general public and the press is rooted in the common law. See The Boston Herald, Inc. v. Sharpe, 432 Mass. at 605-06. Under the common law, “the presumption of access” permits the press and the general public to obtain a full understanding of the civil proceeding and therefore allows them to serve as an effective check on the fairness of the judicial system. The Boston Herald, Inc. at 606; Nixon v. Warner Communications, Inc., 435 U.S. 589, 597-598 (1978). The public’s interest in access to information and the beneficial effects of publicity may be as strong or stronger in some civil cases than in many criminal cases. Gannett Co. v. DePasquale, 443 U.S. 368, 386-87 n. 15 (1979). In other words, the law gives the public a presumptive right of access to all documents filed with the court because the right to a public

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Related

Globe Newspaper Co. v. Clerk of Middlesex County Superior Court
14 Mass. L. Rptr. 412 (Massachusetts Superior Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
14 Mass. L. Rptr. 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/globe-newspaper-co-v-clerk-of-suffolk-county-superior-court-masssuperct-2002.