Minneapolis Star and Tribune Co. v. Schumacher

Decision Date11 March 1986
Docket NumberNo. C8-86-65,C8-86-65
Citation383 N.W.2d 323
Parties12 Media L. Rep. 1831 MINNEAPOLIS STAR AND TRIBUNE CO., Gannett Broadcasting, Inc., Joint Media Committee of Minnesota, Inc., Midwest Radio and Television, et al., Minnesota Newspaper Association, Inc., Society of Professional Journalists, Petitioners, v. Honorable Robert H. SCHUMACHER, Judge of Hennepin County District Court, Bradley A. Wicks, Executor for the Estate of E. Allen Wicks and Janenne M. Wicks, Deceased, Edin F. Stasik, Trustee for the Heirs and Next-Of-Kin of Agnes R. Yakymi, f.k.a. Agnes R. Stasik, decedent, Galaxy Airline Inc., a Florida corporation; Desert Palace Inc., a Nevada corporation; Lockheed Corporation, a California corporation; and Hy Thayer, Catherine Aune, as Trustee for the Heirs and Next-Of-Kin of Gordon G. Aune, decedent, Connie Granfors, as Trustee for the Heirs of Mary Granfors, Deceased; Connie Granfors, as Trustee for the Heirs of Jack Granfors, Deceased, Respondents.
CourtMinnesota Court of Appeals

Syllabus by the Court

Petition for prohibition is the proper remedy to review trial court order sealing wrongful death files. Trial court erred by Patricia A. Hirl, Minneapolis Star and Tribune, Minneapolis, for Minneapolis Star and Tribune Co.

sealing files where orders served no compelling governmental interest.

Leslie J. Anderson, Dorsey & Whitney, Minneapolis, for Gannett Broadcasting, Inc.

Joint Media Committee of Minnesota, Inc., pro se.

Paul R. Hannah, Oppenheimer, Wolff, Foster, Sheard and Donnelly, St. Paul, for Midwest Radio and Television, et al.

Mark R. Anfinson, Minnesota Newspaper Ass'n, Inc., Minneapolis, for Minnesota Newspaper Association, Inc.

Society of Professional Journalists, pro se.

Humbert H. Humphrey, III, Atty. Gen., Catherine Haukedahl, Sp. Asst. Atty. Gen., St. Paul, for Robert H. Schumacher, Judge of Hennepin County District Court.

Eric J. Magnuson, Rider, Bennett, Egan & Arundel, Minneapolis, for Plaintiffs' Liability Committee, and Bradley A. Wicks, Executor for the Estate of E. Allen Wicks and Janenne M. Wicks, Deceased.

Paul E. Godlewski, Barna, Guzy, Merrill, Hynes & Giancola, Ltd., Minneapolis, for Edin F. Stasik, Trustee for the Heirs and Next-Of-Kin of Agnes R. Yakymi, f.k.a. Agnes R. Stasik, decedent.

Boyd H. Ratchye, Doherty, Rumble & Butler, St. Paul, for Galaxy Airline Inc., a Florida corporation; Desert Palace Inc., a Nevada corporation; Lockheed Corporation, a California corporation; and Hy Thayer.

Scott J. Koch, Robert W. Johnson, P.A., St. Paul, for Catherine Aune, as Trustee for the Heirs and Next-Of-Kin of Gordon G. Aune, decedent.

Patrick W. Parmater, Randall, Parmater & Neveaux, Ltd., Wayzata, for Connie Granfors, as Trustee for the Heirs of Mary Granfors, Deceased; Connie Granfors, as Trustee for the Heirs of Jack Granfors, Deceased.

Charles T. Hvass, Jr., Hvass, Weisman & King, Minneapolis, for Plaintiffs' Liability Committee.

Heard, considered and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ.

OPINION

POPOVICH, Chief Judge.

After discussion of completed settlements in open court, the trial court ordered complete files of five wrongful death suits sealed. A motion by Minneapolis Star and Tribune to reconsider sealing was denied. Media representatives now seek a writ of prohibition to prevent enforcement of the orders sealing files. We vacate the orders sealing the files.

FACTS

This case involves five wrongful death suits filed in Minnesota on behalf of passengers killed in the January 1985 crash of a Galaxy Airlines plane near Reno, Nevada. The parties reached settlements which were discussed in open court. Although no member of the press attended, presumably because they were unaware of the hearing, it is undisputed there was no court order actually closing the hearing to the public and closure had not been requested.

The parties to each of the five suits stipulated to entry of an order of the court sealing the files and all record of the settlements. On September 30, 1985 the trial court ordered the entire file for each case sealed until further court order, pursuant to the parties' stipulations.

A reporter for the Minneapolis Star and Tribune was later denied access to the files. The Minneapolis Star and Tribune then moved the trial court to quash its prior orders sealing the files and for permission to intervene. The Star and Tribune was permitted to intervene, but the motion to quash was denied and the files remained sealed.

The Star and Tribune and other media representatives petitioned for prohibition to obtain access to the files. Briefs were submitted by the parties and oral arguments were held.

ISSUES

1. Is prohibition an appropriate remedy to review the trial court's sealing of civil files?

2. Did the trial court err by denying access to the files?

ANALYSIS

1. Respondents argue a petition for prohibition is an inappropriate remedy to review the trial court's action. Respondents suggest a direct appeal from the orders is an adequate remedy. The petition for prohibition has been fully briefed by all parties and oral argument was held before this panel. At oral argument, counsel for respondents were unable to identify any additional matter which would be briefed on direct appeal, which has not already been briefed on this petition for prohibition.

Prohibition is the proper remedy to review "orders [which] have the effect of either directly or indirectly interfering with [the media's] functions of collecting or disseminating the news." Northwest Publications, Inc. v. Anderson, 259 N.W.2d 254, 256 (Minn.1977) (citations omitted). It is clear petitioners in this case are unable to collect information from the five sealed files and seeking prohibition is the appropriate remedy.

The writ will issue only to prevent the exercise of judicial power in excess of the court's authority, when the exercise of that power will result in injury for which there is no adequate legal remedy. Hancock-Nelson Mercantile Co. v. Weisman, 340 N.W.2d 866, 868 (Minn.Ct.App.1983). Although prohibition was traditionally "used to question jurisdiction, in recent cases it has been used to restrain the enforcement of orders entered in abuse of the lower court's discretion." Id. at 870. Accordingly, the key issue in this matter is whether the trial court exceeded its authority or abused its discretion by sealing the files.

2. The public's right to inspect and copy judicial records is not absolute. Generally, "the decision as to access is one best left to the sound discretion of the trial courts, a discretion to be exercised in light of the relevant facts and circumstances of the particular case." Nixon v. Warner Communications, Inc., 435 U.S. 589, 599, 98 S.Ct. 1306, 1312, 55 L.Ed.2d 570 (1978) (footnote omitted). The reviewing court is "faced with the task of weighing the interests advanced by the parties in light of the public interest and the duty of the courts." Id. at 602, 98 S.Ct. at 1314 (footnote omitted). The mere existence of a stipulation by the parties to seal the record does not absolve the trial court, or this court, of the responsibility for weighing these interests. See Wilson v. American Motors Corp., 759 F.2d 1568 (11th Cir.1985) (public access to file of products liability case ordered despite parties' stipulation to seal).

The Minnesota Supreme Court has not yet directly addressed the question of sealing civil files, although criminal files in this state may be sealed only if necessary to protect a defendant's right to a fair trial. Northwest Publications, Inc. v. Anderson, 259 N.W.2d 254 (Minn.1977).

Despite the absence of specific case law, it is clear there is a strong presumption of access to judicial records in Minnesota. In October 1985, the supreme court adopted Interim Rules on Access to Public Records. All recorded information "collected, created, received, maintained, or disseminated by any component of the judicial branch" is presumed to be public unless specifically excepted. Rule 3, subd. 2, Interim Rules on Access to Public Records. The rules contain no exception for confidential settlements. "All public records within the judicial branch shall be open to inspection by any member of the public at all times during the regular office hours maintained by the custodian of those records." 1 Id. Rule 2.

The files involved in this case are all maintained by the clerk of district court and fall within the definition of public records. 2 The benefits of presumed public access to judicial records, protected in Minnesota by the Interim Rules, has also been recognized by the United States Supreme Court. "Public records by their very nature are of interest to those concerned with the administration of government, and a public benefit is performed by the reporting of the true contents of the records by the media." Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 495, 95 S.Ct. 1029, 1046, 43 L.Ed.2d 328 (1975).

In addition to the general presumption of openness applicable to all court files and records, a more specific presumption has applied for more than thirty years to the settlement of wrongful death actions. The trustee of a claim for death by wrongful act must apply to the courts for distribution of money recovered for the claim. Pt. I, Rule 2, Code of Rules for the District Court. 3 By verified petition, the trustee must show the amount received after suit or upon settlement, list all disbursements, the fees of the trustee and his attorney, and the funeral expenses of the deceased, and give information on each heir, including the share to which each is entitled. Id. The "petition shall be heard by the court * * * in which the action was pending at the time of settlement" after such notice as required by the court. Id. By order, the court will then direct distribution of the money to those entitled to it. Id.

The trial court in this matter acknowledged "the strong interest of the...

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