In re Estate of Carpenter

2004 Ohio 830, 804 N.E.2d 1059, 127 Ohio Misc. 2d 22
CourtHamilton County Probate Court
DecidedFebruary 10, 2004
DocketNos. 1999991701, 2003004681, 2003004991, 2001001928, 2003004994 and 2003004680
StatusPublished

This text of 2004 Ohio 830 (In re Estate of Carpenter) is published on Counsel Stack Legal Research, covering Hamilton County Probate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Carpenter, 2004 Ohio 830, 804 N.E.2d 1059, 127 Ohio Misc. 2d 22 (Ohio Super. Ct. 2004).

Opinion

James Cissell, Judge.

{¶ 1} In May 2003,16 civil rights lawsuits pending in the United States District Court for the Southern District of Ohio involving 22 plaintiffs, 44 individual defendants, and the city of Cincinnati were settled by establishing a qualified settlement fund1 of $4.5 million through the United States District Court for the Southern District of Ohio. See “Order Establishing Qualified Settlement Fund, Appointing Fund Administrator, and Conditionally Dismissing Claims with Prejudice,” attached as Exhibit A to the Amicus Brief of Civil Rights Attorneys in support of the motions to seal the records filed in both the Thomas and Carpenter estates. The 468B process allows multiple defendants to pay to multiple plaintiffs on multiple claims by making a single payment through an administrator. The defendants are not involved in the division or distribution of the funds among the plaintiffs. That is left to the administrator of the 468B federal fund and the various plaintiffs. Although the overall settlement was published, the federal court sealed whatever agreements were ultimately concluded by the various plaintiffs and the 468B administrator.

{¶ 2} Two of the cases involved in the settlement fund are before this court because Ohio law mandates that this court approve settlements of wrongful death cases and division of settlement funds among next of kin. R.C. 2125.03(A)(1). Further, as part of the settlement, distributions were to be made to two minor children of deceased parents. Consequently, guardianships and wrongful death trusts were established for these children, pursuant to R.C. 2125.03(A)(2).

{¶ 3} The first case involves the estate of Michael Demon Carpenter, whose family alleged that his death on March 19,1999, was the result of excessive use of force by members of the Cincinnati Police Department as they attempted to arrest him. The second case involves Timothy Thomas, who was fatally shot by a [25]*25Cincinnati police officer on April 7, 2001, after a foot chase in the Over the Rhine section of Cincinnati. Both of these deaths were highly publicized and led to civil rights claims in the federal court and were two of the cases involved in the qualified settlement fund.

{¶ 4} The administrator of the estate of Michael Carpenter and the administrator of the estate of Timothy Thomas, together with the guardians and the trustees appointed in the estates and wrongful death trusts of the decedents’ minor children, Tyeisha Carpenter, the minor child of Michael Carpenter and Tywon Thomas, the minor child of Timothy Thomas, moved to seal all records in the respective estates, guardianships, and trusteeships. Their various motions to seal were supported by Alfonse A. Gerhardstein, Scott T. Greenwood, and Kenneth L. Lawson, the trial attorneys for the plaintiffs in the civil rights cases in the United States District Court; by Donald Hardin; defense attorney for individual defendants in those actions; by Julie Bissinger, attorney for the city of Cincinnati; and by Colleen B. Laux, guardian ad litem of the minor Tyeisha M. Carpenter and the minor Tywon Thomas.

{¶ 5} All the motions request that every record in each of the estates, guardianships, and trusts be sealed for the reason that the federal district court sealed the division of the qualified settlement fund. The motions argue further that disclosure in this court of the respective settlement amounts from the qualified settlement fund would violate the district court’s order.2 These figures appear in the applications to approve the settlement and distribution of the wrongful death proceeds in both estates. In effect, the applicants are asserting that this is derivative information from the sealed agreements and, as such, must be sealed in this court, also. In addition, the motions argue that any division of these funds to adult next-of-kin from the two wrongful death claims is potentially embarrassing and harmful to them. Finally, the fiduciaries argue on behalf of the minors that revealing the amounts being distributed to the minor’s trusts and subsequent spending of funds from those trusts will be harmful to the children.

[26]*26{¶ 6} The Cincinnati Enquirer published a story on September 27, 2003, in which it listed settlement amounts presumably agreed to between the qualified settlement fund administrator and the fiduciaries of the estates of Michael Carpenter and Timothy Thomas. The article included a proposed distribution of each estate’s settlement as these proposals appeared on the applications to approve the settlement and distribution of wrongful death proceeds that were filed in these two estates. The court assumes that settlement figures published in each case were the amounts that were agreed upon by the qualified settlement fund administrator and the fiduciaries of the estates.3 However, the “agreed” distribution amounts of these funds are merely proposals offered to this court for its review. This court can accept, reject, or deviate from these proposals and divide the funds in a different manner. R.C. 2125.03(A)(1).

{¶ 7} Generally, court documents and proceedings are public records subject to disclosure under Ohio’s Public Records Act. R.C. 149.43 et seq.; State ex rel. Mothers Against Drunk Drivers v. Gosser (1985), 20 Ohio St.3d 30, 20 OBR 279, 485 N.E.2d 706; State ex rel. Cincinnati Enquirer v. Dinkelacker (2001), 144 Ohio App.3d 725, 761 N.E.2d 656. The Public Records Act must be construed liberally in favor of broad access with doubt being resolved in favor of disclosure. State ex rel. Beacon Journal Publishing Co. v. Bond, 98 Ohio St.3d 146, 2002-Ohio-7117, 781 N.E.2d 180; State ex rel. Cincinnati Enquirer v. Dinkelacker (2001), 144 Ohio App.3d 725, 761 N.E.2d 656.

{¶ 8} Under federal common law and the First Amendment to the United States Constitution, trials and court records are presumptively open and available for public inspection. See, generally, Richmond Newspapers v. Virginia (1980), 448 U.S. 555, 100 S.Ct. 2814, 65 L.Ed.2d 973; Nixon v. Warner Communications (1978), 435 U.S. 589, 98 S.Ct. 1306, 55 L.Ed.2d 570; Washington Post v. Robinson (C.A.D.C. 1991), 935 F.2d 282; Publicker Industries, Inc. v. Cohen (C.A.3, 1984), 733 F.2d 1059; State ex rel. Plain Dealer Publishing Co. v. Geauga Cty. Court of Common Pleas (2000), 90 Ohio St.3d 79, 734 N.E.2d 1214. This legal maxim is subject to a Fourteenth Amendment limited right to a privacy balancing test, where the court must determine whether the right to access is outweighed by the individual’s privacy interest. See Nixon v. Admr. of Gen. Serv. (1977), 433 U.S.

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Bluebook (online)
2004 Ohio 830, 804 N.E.2d 1059, 127 Ohio Misc. 2d 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-carpenter-ohprobcthamilto-2004.