Witherspoon Conservatorship: Sealing of Conservatorship Cases Raises Concerns

When a Davidson County judge closed his courtroom to the public during a conservatorship case involving actress Reese Witherspoon's father last week, he didn't just close a day's proceedings: He sealed the entire case history, something he has done in only a handful of other recent cases.

In sealing the case from public view, 7th Circuit Court Judge Randy Kennedy said the prejudice that would befall the Witherspoon family outweighs the public's right to know. Kennedy sealed the entire case file - not just individual medical or financial records - and required the media to leave the courtroom.

But completely blocking access can hinder efforts to curb guardianship abuse and prevents the public from performing its watchdog role over the court system, conservatorship reform advocates and a First Amendment expert said.

Of the first 528 probate and conservatorship cases filed in the first three months of 2012 in Davidson County, only five have been sealed, a review of court docket records shows. Kennedy handles both types of cases.

Kennedy said in court May 11 that there was a precedent for closing the Witherspoon hearing and sealing the records.

"There are numerous conservator cases that this court and courts across the state have placed under seal," Kennedy said before ordering reporters from the courtroom Friday.

"The primary overriding justification for that has, in my estimation, been the protection of the private interests of those private citizens whose health records, financial records and personal courses of conduct would otherwise be laid open to the scrutiny of the public, thereby jeopardizing them."

Reese Witherspoon went to court last week with her brother for an emergency hearing on whether her father, Dr. John D. Witherspoon, should be placed in a conservatorship.

The family contacted Kennedy's assistant directly about having the case addressed before filing any paperwork with the court. The hearing took place at 3 p.m. May 11 in a nearly empty courthouse and not on the judge's regular 10 a.m. docket.

The outcome remains unknown because even the judge's order is sealed. Kennedy decided to seal the entire case, rather than redact only the most sensitive private information.

Full Article and Source:
Sealing of Conservator Cases Raises Concerns

See Also:
Witherspoon Conservatorship Proceedings in Judge Randy Kennedy's Courtroom