State of Tennessee v. Randall C. Johnson

This appeal addresses sealing judicial records. Three filings were sealed without a written order. The presiding judge later recused herself and the matter was transferred. Then The Nashville Banner intervened to unseal the records. The trial court denied the motion to unseal. The appellate court denied the Rule 10 appeal and then denied the petition for writ of certiorari. We reverse. Rule 10 interlocutory review is available to media intervenors when judicial proceedings are closed or documents are sealed. Sealing judicial records protected by the First Amendment right of access requires entry of a written order after finding that a compelling interest necessitates sealing. Any such order mustbe narrowly tailored and seal only those judicial records, or the portions thereof, necessary to protect the identified interest. After conducting a de novo review, we do not find a compelling interest necessitating sealing. The documents shall be made available to the public.