Roman Catholic Diocese of Lexington v. Noble

92 S.W.3d 724, 31 Media L. Rep. (BNA) 1321, 2002 Ky. LEXIS 236, 2002 WL 31971279
CourtKentucky Supreme Court
DecidedNovember 21, 2002
Docket2002-SC-0659-MR
StatusPublished
Cited by19 cases

This text of 92 S.W.3d 724 (Roman Catholic Diocese of Lexington v. Noble) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roman Catholic Diocese of Lexington v. Noble, 92 S.W.3d 724, 31 Media L. Rep. (BNA) 1321, 2002 Ky. LEXIS 236, 2002 WL 31971279 (Ky. 2002).

Opinions

Opinion of the Court By

Justice JOHNSTONE.

Appellant, the Roman Catholic Diocese of Lexington, appeals as a matter of right from the denial of a petition for a writ of mandamus from the Court of Appeals. The petition sought to order Appellee, Judge Mary Noble, to enter an order sealing certain allegations that were struck from an amended complaint in the underlying case. We reverse and remand the case to the trial court for further proceedings because the Court of Appeals erroneously decided the question of whether sealing the allegations would be an abuse of discretion.

I. Procedural History

On May 30, 2002, a complaint was filed against the Roman Catholic Dioceses of Covington and Lexington (“Dioceses”) alleging sexual abuse by Dioceses’ priests and active concealment of that abuse by the Dioceses. In response to the complaint, the Dioceses, inter alia, filed a motion for a more definite statement. The trial court granted the motion and ordered the plaintiffs to file an amended complaint. The plaintiffs complied with the trial court’s order and certain allegations raised in the amended complaint form the subject matter of this case.

Concurrent with filing the amended complaint, the plaintiffs filed a motion to seal the entire court record pursuant to KRS 413.249(3). This motion required the clerk of the court to seal the entire record until the trial court ruled on the motion to seal. The Dioceses responded to the amended complaint by moving to strike certain allegations contained in the amended pleading. Additionally, the Dioceses moved that any allegations struck from the amended complaint be permanently sealed independent of the plaintiffs’ motion to seal the record under KRS 413.249. Before the trial court could rule on the motion to seal or the motion to strike, the Lexmgton Herald-Leader moved to intervene in order to contest the plaintiffs’ motion to seal the record. In the motion to intervene, the Herald-Leader alleged, inter alia, that KRS 413.249 was unconstitutional.

On July 23, 2002, the trial court granted the Dioceses’ motion to strike certain allegations from the amended complaint and ordered the plaintiffs to file a Second Amended Complaint that omitted paragraphs 27, 36, and 43 through 65 of the First Amended Complaint. But the trial court denied the Dioceses’ separate motion to seal the stricken allegations.

The next day, July 24, in addition to granting the Herald-Leader’s motion to intervene, the trial court denied the plain[728]*728tiffs’ motion to seal the record on grounds that KRS 413.249 was unconstitutional. As a direct consequence of this ruling, the trial court ordered the clerk of the court to “unseal the record, and make all contained therein not under other legal restriction available in an orderly manner to the public, including the media.” The Lexington Diocese (Diocese) — but not the Covington Diocese — then petitioned the Court of Appeals for intermediate relief pursuant to CR 76.36(1) and (4), and for a writ of mandamus to order the trial court to seal the stricken allegations.

The same day, Judge Tackett, of the Court of Appeals, entered an order granting the Diocese emergency relief. The order stayed indefinitely enforcement of the trial court’s order to unseal the entire record in the underlying case. The Court of Appeals denied the Diocese’s petition for a writ of mandamus on August 9. Nonetheless, it stayed the enforcement of its own order for seven (7) days to permit the Diocese to seek intermediate relief in this Court. This stay was expressly limited to the allegations that the trial court ordered struck from the First Amended Complaint, but which the trial court refused to seal.

Seven days later, on August 16, the Diocese filed a notice of appeal and petitioned this Court for intermediate relief under CR 76.33. We granted intermediate relief and stayed the enforcement of the Court of Appeals’ order denying the Diocese’s petition for a writ of mandamus. On September 17, we heard arguments on the Diocese’s matter of right appeal from the Court of Appeals’ order denying its petition for a writ of mandamus. At oral argument, it became clear that the resolution of this case turns on the issue of whether the trial court was aware that it had discretionary authority to deny the Diocese’s motion to seal. But before discussing the issue,- we first must determine whether we can reach it.

II. Appropriateness of the Writ

This case has a different posture than most cases concerning the sealing of documents. Usually the issue presented and litigated on appeal concerns an order by the trial court that grants a motion to deny access to court documents and records. See, e.g., In re The Courier-Journal v. Marshall, 828 F.2d 361 (6th Cir.1987). In a denial of access case, media representatives have the right to intervene and request a hearing on the trial court’s order. See Courier-Journal and Louisville Times Co. v. Peers, Ky., 747 S.W.2d 125, 130 (1988). Once a media representative moves to intervene and requests a hearing, the representative may attack an adverse ruling by petitioning the Court of Appeals for a writ of mandamus or prohibition. Id. at 129. Peers held that the denial of access to court records and documents “represents exigent circumstances justifying coming directly to the appellate courts for an extraordinary remedy, ie., prohibition or mandamus.” Id. But where there is no order denying access, there are no exigent circumstances to justify granting the writ. Rather, the party seeking the writ, the Diocese in this case, must satisfy the usual and strict requirements for justifying relief by prohibition or mandamus. We now turn to the question of whether the Diocese has shown that it is entitled to relief.

A writ of mandamus is an extraordinary remedy. University of Louisville v. Shake, Ky., 5 S.W.3d 107, 110 (1999). As there is no allegation that the court below is acting without jurisdiction, before we can reach the merits of the Diocese’s petition, the Diocese ordinarily must first establish that it has no adequate remedy by appeal and that it will suffer great and irreparable injury if the writ is [729]*729not granted. Bender v. Eaton, Ky., 348 S.W.2d 799, 801 (1961).

No Adequate Remedy by Appeal

The alleged error in this case is the trial court’s failure to seal the stricken allegations. Thus, the question to be asked is whether a favorable decision on appeal reversing this ruling would provide an adequate remedy for the harm or prejudice arising out of the alleged erroneous ruling. We conclude that it would not.

The harm that the trial court’s ruling visits upon the Diocese is that access via court records to the stricken allegations creates an unfair connection between the allegations and the underlying case.

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Roman Catholic Diocese of Lexington v. Noble
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Bluebook (online)
92 S.W.3d 724, 31 Media L. Rep. (BNA) 1321, 2002 Ky. LEXIS 236, 2002 WL 31971279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-catholic-diocese-of-lexington-v-noble-ky-2002.