Newsday, Inc. v. Sise

120 A.D.2d 8, 507 N.Y.S.2d 182, 13 Media L. Rep. (BNA) 1615, 1986 N.Y. App. Div. LEXIS 58997
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 20, 1986
StatusPublished
Cited by16 cases

This text of 120 A.D.2d 8 (Newsday, Inc. v. Sise) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newsday, Inc. v. Sise, 120 A.D.2d 8, 507 N.Y.S.2d 182, 13 Media L. Rep. (BNA) 1615, 1986 N.Y. App. Div. LEXIS 58997 (N.Y. Ct. App. 1986).

Opinion

OPINION OF THE COURT

Eiber, J.

In this CPLR article 78 proceeding, we are called upon to determine whether the petitioner, the publisher of a daily newspaper, may, pursuant to the provisions of the Freedom of Information Law (hereinafter FOIL) (Public Officers Law art 6), compel the Commissioner of Jurors to disclose the names and addresses of those persons selected and sworn to serve as jurors on a highly publicized murder trial. A second and related issue which we are asked to consider is whether Judiciary Law § 509 (a)1 protects from unrestricted disclosure information that is contained in the records utilized in or generated by the juror selection process. Based upon our review of the relevant statutes and ever mindful of the policy [10]*10concerns engendered by this case, we conclude that the information sought by the petitioner comes within the orbit of the confidentiality requirements of the Judiciary Law and is, therefore, statutorily exempt from disclosure under the provisions of FOIL. Accordingly, the judgment appealed from should be affirmed.

Throughout June and July of 1984, the petitioner, Newsday, Inc., the publisher of a daily newspaper which is distributed primarily on Long Island, covered, in a series of detailed articles, the murder trial of one William Patterson. Mr. Patterson was alleged to have murdered his estranged wife, a Suffolk County resident, by shooting her through a window of her home.

On July 3, 1984, after the Patterson jury had commenced deliberations, a Newsday reporter who had been covering the trial wrote to the Commissioner of Jurors of Suffolk County requesting that the Commissioner provide him with the names and addresses of the jurors who had been selected to sit on the case. Evidently, a similar oral request had previously been denied. The Commissioner, acting upon the advice of counsel for the Office of Court Administration (hereinafter OCA), refused to release the information sought, absent a court order. It appears that the predicate for this decision was a directive issued by counsel for OCA in response to a similar but unrelated request, which stated, in essence, that the names and home addresses of jurors are derived from confidential juror questionnaires and, therefore, pursuant to Judiciary Law § 509 (a), would require judicial authorization as a precondition to release.

On July 4, 1984, the Justice presiding at the Patterson trial was compelled to declare a mistrial by reason of the jury’s apparent inability to reach a verdict. Newsday’s desire to gain access to the jurors was evidently intensified by the declaration of a mistrial, for, on August 20, 1984, counsel for News-day, under the aegis of the provisions of FOIL filed a formal request for access to the records or lists maintained by the Commissioner which contained the names and home addresses of the jurors impaneled to serve on the Patterson murder trial.

In his written request, the petitioner’s counsel asserted that the information sought by Newsday did not come within the purview of Judiciary Law § 509 (a) and that the confidentiality requirement of this statute was limited to information of a [11]*11personal nature. Disclosure of the names and home addresses of the jurors, he argued, would not impair or compromise the objectives of the statute, since the same information could be derived from other sources, such as the responses of prospective jurors during voir dire.

While accepting the premise that Judiciary Law § 509 (a) was enacted to insure and preserve the confidentiality of juror records and that the statute did, in fact, constitute a lawful legislative restraint upon unqualified public access to the actual questionnaires, the petitioner’s counsel, nevertheless, vigorously maintained that disclosure of the nonconfidential aspects of these records was not only permitted by the Judiciary Law, but mandated by the "presumption of access afforded by the New York Freedom of Information Law”.

The foregoing request was subsequently referred by the Commissioner of Jurors to counsel for OCA. By letter dated September 13, 1984, OCA’s counsel denied the request citing four principal reasons, to wit: that the records sought were, in fact, court records and, therefore, exempted from the mandates of FOIL; that the records were, in any event, protected from disclosure by Judiciary Law § 509 (a); that an unwarranted invasion of privacy would result from the release of the jurors’ names and home addresses; and, finally, that the disclosure of the requested information might endanger the lives or safety of these jurors. OCA’s counsel further noted that, contrary to the assertions of the petitioner’s attorney, jurors in Suffolk County were not required to disclose their actual home addresses during voir dire, but were merely asked to provide a general description of the vicinity in which they resided. Hence, the information sought could not be obtained in the manner suggested by the petitioner’s counsel.

Undaunted by the repeated refusal to release the names and addresses of the Patterson jurors, the petitioner commenced this CPLR article 78 proceeding to compel disclosure in accordance with its request. In support of the petition, Newsday emphasized, once again, that it had no interest in obtaining personal or confidential information; it simply wanted names and addresses. Entitlement to this information was predicated on the following grounds: FOIL’S mandate of open and broad public disclosure of records of government, the common-law right of access to judicial records, and a similar right derived from US Constitution 1st Amendment.

Special Term, satisfied that the protections of the Judiciary [12]*12Law extended to all records utilized in evaluating the qualifications of prospective jurors, dismissed the proceeding without prejudice to renewal before this court. We agree that Judiciary Law § 509 (a) renders confidential all records used in or generated by the juror selection process, including the names and addresses of prospective jurors which are derived therefrom. Moreover, in light of this specific statutory prohibition against disclosure, we find that the petitioner’s attempt to procure such information by the invocation of the provisions of FOIL is unavailing.

FOIL was enacted to provide access to records of government and "proceeds under the premise that the public is vested with an inherent right to know and that official secrecy is anathematic to our form of government” (see, Matter of Fink v Lefkowitz, 47 NY2d 567, 571). The Legislature, however, sensitive to the potentially competing demands and interests within and among the various sectors of society, and, cognizant of the need to keep confidential certain information necessary to the proper functioning of our democratic system, promulgated eight specific categories of exemptions to the disclosure requirements of FOIL. Under the mandate of this statute, all records of an agency are presumptively available for public inspection, unless they fall within one of these categories of exemptions (see, Matter of Scott, Sardano & Pomeranz v Records Access Officer of City of Syracuse, 65 NY2d 294, 296; Matter of Farbman & Sons v New York City Health & Hosps. Corp., 62 NY2d 75, 79-80). Principal among these exceptions is one which provides that an agency may deny access to records or portions thereof that "are specifically exempted from disclosure by state or federal statute” (see, Public Officers Law § 87 [2] [a]).

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Bluebook (online)
120 A.D.2d 8, 507 N.Y.S.2d 182, 13 Media L. Rep. (BNA) 1615, 1986 N.Y. App. Div. LEXIS 58997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newsday-inc-v-sise-nyappdiv-1986.