Judge Randy Kennedy not only closed a hastily called hearing on May 11 regarding whether the doctor should be placed in a conservatorship; he sealed the court record, as well. Those moves violated legal precedent established in Tennessee by the 1985 State vs. Drake court case, as well as the state Supreme Court’s long-held belief that the public has a qualified right to attend judicial proceedings and read documentation of those proceedings.The Tennessean and WSMV, whose representatives were kicked out of the May 11 hearing, may be accused of trying to intrude on private matters of the Witherspoon family solely because the doctor’s daughter, actress Reese Witherspoon, is a celebrity. But the real issue for these media outlets is the broader question: If court cases are entirely sealed, where is the oversight of the judicial process?
We ask that question because of Jewell Tinnon.
She is the 80-year-old Nashville resident who was placed in a conservatorship without her knowledge or consent nearly two years ago, and as a result lost all her possessions. Tinnon has since fought Kennedy’s ruling in her case, and is suing the attorney and social services agency who handled her conservatorship.
Of course there are many other Tennesseans who potentially face similar fates — and if those records are sealed there is opportunity for abuse and no public scrutiny.
Full Article and Source:
Public's Right to Know Trumps Seal
See Also:
Witherspoon Conservatorship: Sealing of Conservatorship Cases Raises Concerns
A standing ovation and a hearty round of applause to The Tennessean!
ReplyDeleteIt's in the public interest to have access because we're dealing here with public interest law.
ReplyDeleteThe withholding of court information goes far beyond this case. Consider, for example, the abuse of PCA (Per Curiam Affirmed) decisions in Florida, as discussed online beginning at http://home.roadrunner.com/~tvfields/Jenkins1980/Frameset000.htm.
ReplyDeleteThe Tennessean "get's it"! Brick by brick their wall of protections must be torn down if not now, when?
ReplyDeleteThose who depend on income from the protection industry have their eyes on me, on you.
BEWARE be prepared, protect yourselves now before you or your loved one is ambushed good luck trying to right the wrongs after they have you and all you own in their control cause all you have will end up in their pockets.
That's the plan to separate you from your estate and it's working according to their plans.
You're all right. The public sometimes doesn't understand that it has the obligation to keep the govt in line and the press' involvement is critical to that effort.
ReplyDeleteKennedy didn't seal the records to protect anybody. People aren't fooled.
ReplyDelete