The Sealed Exhibit and the Media Request
You are reporting a three-day bench trial in the Chancery Court of Madison County. The case involves a confidential settlement and alleged trade secrets. Before trial, the judge entered a protective order designating Plaintiff's Exhibit 14, a personnel file, as confidential. During trial, the judge holds an in-chambers conference with counsel, then announces that the courtroom will be cleared for 20 minutes while a witness testifies about the trade secrets. You remain in the courtroom and report the closed session. The judge orders Exhibit 14 sealed. After trial, a local newspaper reporter asks you for a copy of the full transcript and Exhibit 14. Defense counsel emails: 'The sealed stuff isn't in the transcript, right? Please leave it out.' You have not yet certified the transcript.
1. What should the transcript include from the closed session and the sealing ruling?
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The transcript should include the judge's announcement clearing the courtroom, the fact that the proceeding continued in closed session, and the testimony you heard unless the judge specifically ordered that portion not be transcribed. A closure order limits who may be present; it does not automatically erase the proceeding from the record. The judge's sealing order for Exhibit 14 should also appear in the transcript, along with any findings the judge made. If the judge ordered the transcript itself sealed or redacted, follow that order and note it. Do not omit the closed-session testimony merely because defense counsel asks; the court controls the record. If you are unsure whether the judge intended to seal the transcript as well as the exhibit, ask the judge or clerk for clarification in writing.
2. How should you handle the request for Exhibit 14 and the full transcript?
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Do not release Exhibit 14. It is sealed by court order, and you are not the custodian authorized to unseal it. For the transcript, check whether the court's order seals or restricts the transcript itself. If it does not, public access may be handled through the clerk's office rather than by you directly; follow local practice. If the transcript contains sealed material, do not provide an unredacted copy without court authorization. You can tell the newspaper reporter that Exhibit 14 is sealed and that any request to unseal it must be made to the court. Keep a written log of the request and your response. Do not give one party or the media preferential access that the court has not authorized.
3. How should you respond to defense counsel's email?
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Reply in writing that you cannot take sides or alter the record at counsel's request. Explain that the transcript will include the closed-session proceedings unless the court ordered otherwise, and that the sealing order covers Exhibit 14, not necessarily the transcript. If defense counsel believes the transcript should be sealed or redacted, counsel should ask the judge for an order. You will follow any written order the court enters. Do not promise to 'leave out' testimony before you have the court's direction, and do not discuss the media request with defense counsel in a way that discloses confidential information. Preserve the email and your response.