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CBS Inc V US Dist Court for Cent Dist of California

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CBS Inc V US Dist Court for Cent Dist of California CBS, Inc. v. U.S. Dist. Court for Cent. Dist. of California, 765 F.2d 823 (1985) 11 Media L. Rep. 2285 for reduction of sentence on drug and tax evasion convictions Fed.Rules Cr.Proc.Rule 765 F.2d 823 35, 18 U.S.C.A. United States Court of Appeals, Ninth Circuit. 1 Cases that cite this headnote CBS, INC., Petitioner, v. [2] Constitutional Law UNITED STATES DISTRICT COURT Access to Proceedings; Closure FOR the CENTRAL DISTRICT Constitutional Law OF CALIFORNIA, Respondent, Court Documents or Records and The public and the press have a presumptive United States of America and William right of access to criminal proceedings and Hetrick, Real Parties in Interest. documents filed therein; this right of access is grounded in the First Amendment and in Nos. 85-7236, 85-7301. common law and extends to documents filed | in pretrial proceedings as well as in the trial Argued and Submitted June 10, 1985. itself. U.S.C.A. Const.Amend. 1. | Decided July 8, 1985. 27 Cases that cite this headnote A radio and television network filed petition for writ [3] Criminal Law of mandamus to obtain access to documents filed Post-Trial Proceedings under seal by the United States District Court for the Central District of California, Robert M. Takasugi, J., Records in a postconviction criminal proceeding. The Court of Court Records Appeals, Kennedy, Circuit Judge, held that sealed findings No principled basis exists for affording of the district court, in regard to defendant's Rule 35 greater confidentiality to posttrial documents motion for reduction of sentence, did not justify the and proceedings than is given to pretrial court's closure orders; while the court asserted various matters; the primary justifications for access interests in support of its order sealing the records, the to criminal proceedings, first, that criminal Court of Appeals was unable to identify those interests trials historically have been open to the press with specificity, or find them compelling, or conclude and to the public, and second, that access that sealing of the documents would vindicate them, and to criminal trials plays a significant role in most of the information which the government sought to the functioning of the judicial process and keep confidential concerned matters that might easily be the governmental system, apply with as much surmised from what was already in the public record. force to postconviction proceedings as to the trial itself. Writ issued. 21 Cases that cite this headnote [4] Criminal Law West Headnotes (11) Findings Interest which overrides the presumption of [1] Mandamus open criminal procedures must be specified Criminal Prosecutions with particularity, and there must be findings Mandamus was the appropriate procedure that closure remedy is narrowly confined to for radio and television network to seek protect that interest. review of orders denying it access to sealed documents relating to a defendant's motion © 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 CBS, Inc. v. U.S. Dist. Court for Cent. Dist. of California, 765 F.2d 823 (1985) 11 Media L. Rep. 2285 filing the document as a court record under 1 Cases that cite this headnote seal. 1 Cases that cite this headnote [5] Criminal Law Narrow Tailoring Requirement Criminal Law [8] Records Overriding Interest; Necessity Court Records Criminal Law If the right of access to criminal proceedings Findings is to be meaningful, a court has the duty to insure that its records are accurate. Presumption of openness of criminal proceedings may be overcome only by an 8 Cases that cite this headnote overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest; [9] Courts the interest is to be articulated along with Making and Custody findings specific enough that a reviewing court Confidence in the accuracy of its records is can determine whether the closure order was essential for a court and for the authority of properly entered. its rulings and the respect due its judgments; however, such confidence erodes if there is a 1 Cases that cite this headnote two-tier system, open and closed. Cases that cite this headnote [6] Records Court Records Sealed findings of the district court, in [10] Records regard to defendant's Rule 35 motion for Court Records reduction of sentence, did not justify the In the absence of explicit legislative intent court's closure orders; while the court asserted to the contrary, the general presumption of various interests in support of its order sealing openness of criminal proceedings will prevail the records, the Court of Appeals was unable in regard to documents filed in support of to identify those interests with specificity, motions for reduction of sentence. Fed.Rules or find them compelling, or conclude that Cr.Proc.Rule 35, 18 U.S.C.A. sealing of the documents would vindicate them, and most of the information which 3 Cases that cite this headnote the government sought to keep confidential concerned matters that might easily be [11] Sentencing and Punishment surmised from what was already in the Motion or Application public record. Fed.Rules Cr.Proc.Rule 35, 18 A motion under Rule 35 seeks to modify the U.S.C.A.; U.S.C.A. Const.Amend. 1. punishment deemed by the district court to be appropriate for the offense, and should 2 Cases that cite this headnote likewise be public. Fed.Rules Cr.Proc.Rule 35, 18 U.S.C.A. [7] Records Court Records Cases that cite this headnote Information relating to cooperating witnesses and criminal investigations should be kept confidential in some cases, but it does not follow that the government is free to reduce such matters to writing and then insist on © 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 CBS, Inc. v. U.S. Dist. Court for Cent. Dist. of California, 765 F.2d 823 (1985) 11 Media L. Rep. 2285 sealed findings to support its orders. These mandamus Attorneys and Law Firms petitions followed. Both Hetrick and the government argue in favor of the closure orders. *824 Herbert M. Schoenberg, Bruce J. Teicher, Los Angeles, Cal., for petitioner. *825 [1] Mandamus is the appropriate procedure for James P. Walsh, Los Angeles, Cal., Jordon Weiss, Stephen CBS to seek review of the orders denying it access to V. Wilson, Charles P. Rettig, Hochman, Salkin & DeRoy, the sealed documents. CBS, Inc. v. United States District Beverly Hills, Cal., for respondent. Court, 729 F.2d at 1177-78. Appeal from the United States District Court for the [2] We begin with the presumption that the public and Central District of California. the press have a right of access to criminal proceedings and documents filed therein. See Associated Press v. United Before WALLACE, KENNEDY, and FERGUSON, States District Court, 705 F.2d at 1145-46; United States Circuit Judges. v. Brooklier, 685 F.2d 1162, 1170 (9th Cir.1982). The right Opinion of access is grounded in the First Amendment and in common law, Associated Press, 705 F.2d at 1145, and KENNEDY, Circuit Judge: extends to documents filed in pretrial proceedings as well as in the trial itself. Id. CBS, Inc., a major radio and television network, petitions for a writ of mandamus to obtain access to documents [3] We find no principled basis for affording greater filed under seal in a post-conviction criminal proceeding. confidentiality to post-trial documents and proceedings A real party in interest in opposition to the writ is William than is given to pretrial matters. The primary justifications Hetrick. The petition was lodged as an emergency motion, for access to criminal proceedings, first that criminal and we have expedited the oral argument and the filing of trials historically have been open to the press and to the this opinion. We grant the requested relief. public, and, second, that access to criminal trials plays a significant role in the functioning of the judicial process Hetrick and John DeLorean were indicted in 1982 on and the governmental system, Globe Newspaper Co. v. charges of violating federal narcotics statutes. Certain Superior Court, 457 U.S. 596, 606, 102 S.Ct. 2613, 2619, pretrial matters in the DeLorean case were addressed 73 L.Ed.2d 248 (1982), apply with as much force to post- by this court in earlier opinions. CBS, Inc. v. United conviction proceedings as to the trial itself. States District Court, 729 F.2d 1174 (9th Cir.1983); United States v. United States District Court, 717 F.2d 478 (9th We must make initial inquiry into what interests or rights Cir.1983); Associated Press v. United States District Court, will overcome the right of access. In Brooklier we assumed 705 F.2d 1143 (9th Cir.1983). that the right of access to criminal proceedings could, in appropriate circumstances, be limited to protect private Hetrick pled guilty to drug and tax evasion charges. As property interests as well as the defendant's right to a part of the plea bargain, Hetrick agreed to testify, if called, fair trial. Brooklier, 685 F.2d at 1171. And, in Press- at DeLorean's trial. In exchange for Hetrick's cooperation, Enterprise Co. v. Superior Court, 464 U.S. 501, 104 S.Ct. the government dropped other charges against Hetrick 819, 78 L.Ed.2d 629 (1984), the Supreme Court, while and agreed not to prosecute Hetrick's sons. Hetrick not approving closure on the facts before it, approached received multiple, concurrent ten-year prison sentences. the case from the standpoint that, at least potentially, These matters were part of the public record.
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