Sealed Juvenile Proceeding, Media Request, and Federal Subpoena
You are a freelance certified court reporter in New Mexico. You report a two-hour closed hearing in a child abuse and neglect case involving a 14-year-old identified only as 'A.R.' The judge enters a sealing order covering the courtroom, the transcript, and any audio recordings. The order says no person may disclose identifying information about A.R. or the family. After the hearing, a local newspaper reporter emails asking for the audio because 'the public has a right to know what happened.' The next morning, the mother's attorney asks you to send a rough draft of the transcript immediately, before it is certified, so she can prepare for a hearing that afternoon. That afternoon, you receive a subpoena in an unrelated federal civil case demanding all audio files and your stenographic notes from the closed hearing. Your state contract requires you to retain audio for 90 days unless a court orders otherwise.
1. How should you respond to the newspaper's request for audio?
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Do not release the audio. The sealing order covers the audio and identifies the minor; the newspaper's general interest in public access does not override a specific court order. You should not confirm or deny what was said, nor provide a summary. Tell the reporter that the matter is sealed and that any request must be directed to the court. Preserve the audio and notes; do not destroy them under the 90-day policy while a request or order is pending. If the newspaper obtains a court order, comply only to the extent the order allows.
2. What should you do with the attorney's request for a rough draft?
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A rough draft is still a record of a sealed proceeding and may contain identifying information. Do not send it automatically. Check the sealing order and the terms of your contract; if the mother's attorney is counsel of record and the order permits access, you may provide an uncertified draft clearly marked 'not certified' and subject to the protective order, but only after confirming the judge's expectations. If the order prohibits disclosure, ask the attorney to obtain a court order. Do not send the draft to the client or family. Log the request and your response.
3. How do you handle the federal subpoena?
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Do not ignore the subpoena, but do not produce sealed materials immediately. Notify the state court judge, the parties, and your own counsel; seek a protective order or clarification. The federal subpoena does not automatically override the state sealing order. Preserve all audio, notes, and drafts. Produce only what a court orders after the sealing order is addressed. The 90-day retention policy does not authorize destruction while litigation or a subpoena is pending; suspend deletion.