The Hershey Co. v. State Tax Assessor
Decision Date | 29 July 2022 |
Docket Number | BCD-AP-2020-00003 |
Parties | THE HERSHEY COMPANY, et al Petitioners, v. STATE TAX ASSESSOR, Respondent. |
Court | Maine Superior Court |
The redaction issue in dispute arises from the tension between the confidentiality provision of 36 M.R.S. § 191, which provides for the broad confidentiality of tax records (albeit with numerous exemptions), and the Maine Rules of Electronic Court Systems ("MRECS"), which seek to maximize public access to court records (albeit with certain exceptions). Likewise, there is tension between a public policy of confidentiality in tax records and the common law presumption in favor of public access to judicial records. Petitioner The Hershey Company ("Hershey") seeks to redact certain financial information from five key documents (the Assessor's brief, several statements of material facts, and a 30(b)(6) transcript) which are part of its appeal against Respondent the State Tax Assessor (the "Assessor").
36 M.R.S. § 191: Confidentiality of Tax Records
The Court begins its analysis with the statute. Under Title 36 M.R.S. § 191(1), certain tax information is confidential and it is unlawful This language "creates a broad sweep that protects all information, from whatever source, provided pursuant to Title 36." Preti Flaherty Beliveau &Pachios LLP v. State Tax Assessor, 2014 ME 6 ¶ 14, 86 A.3d 30.
The broad protection of Section 191(1), however, is subject to numerous exemptions. One of the exemptions set forth is 36 M.R.S. § 191(2)(C), which provides that the section does not prohibit "the production in court or to the board on behalf of the State Tax Assessor. . . of so much and no more of the information as is pertinent or to the action or proceeding." Hershey acknowledges that its tax returns (and information contained therein) are pertinent to the proceeding, and so Section 191(2)(C) applies. Moreover Section 191(2)(C) "does not compel the sealing of such information and material if filed in court." Apple Inc. v. State Tax Assessor, 2021 ME 8, ¶ 39 n.4 254 A.3d 405. Section 191 recognizes that court records are "presumptively public" via the exemption in Section 2(C), and thus "the proponent of sealing such material has the burden to justify the request through a showing of need for confidentiality, typically through affidavits if the sealing request is opposed by another party or questioned by the court." Id. The Hershey Company has not submitted affidavits in support of its requested redactions, but contends affidavits are unnecessary by operation of MRECS. The Court thus turns its attention to the MRECS.
The Maine Supreme Judicial Court adopted the MRECS on August 21 2020. The MRECS are instructive and controlling on issues of sealing court records and they apply to how the Court determines what information is available to non-parties. See Order on Bloomberg L.P.'s Motion to Intervene and to Unseal Records, Templet v. Cartwright, No. BCD-CV-2020-06 (Bus. &
Consumer Ct. Dec. 7, 2020, Murphy, J.). The preamble to the MRECS reads as follows:
These Rules of Electronic Court Systems are intended to facilitate public access to and use of the courts in the electronic environment, while providing maximum reasonable public access to court records and minimizing the risk of harm to individuals and entities involved in court proceedings. In developing these rules, the Maine Judicial Branch has carefully considered and weighed the importance of both public access and protection of privacy in court records in the context of an electronic case management and filing system.
(emphasis added). MRECS Rule 1 describes the principles upon which the rules are based:
The definition of "court record" under MRECS Rule 2(17)(A)(i) includes "[p]leadings, motions, briefs and their respective attachments, correspondence, and documentary evidentiary exhibits submitted with court filings." The information which Hershey seeks to redact is thus part of a "court record" and subject to MRECS.
MRECS Rule 3(A)'s "General...
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