The CPRA and court records
Q: I have a question regarding the Public Records Act, and how it applies to the courts. I am hoping to get a copy of a certain CA Supreme Court oral argument tape, but am not sure whether this would be exempt from PRA requests.
A: The California Public Records Act does not apply to court records (which would include the tape of the California Supreme Court oral argument that you seek to access). Nevertheless, you could request the transcript of the California Supreme Court proceedings on the grounds that they are court records that must be made available for inspection and copying by the public under the First Amendment and California law. Your submission does not state whether the proceedings were criminal or civil in nature. You should be aware that with respect to criminal court records in particular, the First Amendment to the United States Constitution and California Law give the public a right to obtain access to records of criminal court proceedings. See NBC Subsidiary (KNBC-TV), Inc. v. Superior Court, 20 Cal. 4th 1178 (1999); Associated Press v. United States Dist. Court, 705 F.2d 1143 (1983).
These rights have been expanded to cover access to virtually all criminal and civil legal proceedings and the vast majority of documents filed with the courts. The California Rules of Court now provide that court records are presumptively open to the public. Cal. Rule of Court 243.1(c). However, the right of access to court records and proceedings is not absolute. Courts can limit or deny access if necessary to protect an overriding interest. The interests most frequently asserted are the right of a criminal defendant to a fair trial, the privacy of parties, crime victims, witnesses, and jurors, and the protection of proprietary business information. Each of these interests is sufficient to justify sealing of records, if they are actually threatened. However, the showing one seeking to deny access must make is a very heavy one.