V. Access to civil proceedings

Court records for many Arkansas counties, and the appellate courts, are available at https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_main.cp_main_idx.

The press and public’s right of access to Georgia judicial criminal pre-trial, trial and post-trial proceedings is long established, see, e.g., R.W. Page Corp. v. Lumpkin, 249 Ga. 576 (1982), and the Georgia Supreme Court has reiterated that open judicial proceedings in civil cases are an integral part of our democratic form of government. “Public access protects litigants both present and future . . . . Our system abhors star chamber proceedings with good reason. Like a candle, court records hidden under a bushel make scant contribution to their purpose.” Atlanta Journal v. Long, 258 Ga. 410, 411 (1988). See generally Munoz v. American Lawyer Media LP, 236 Ga. App. 462, 464 (1999) (“The function of a free press is just as important in civil cases as in criminal cases”).

Litigants and members of the public likely have a constitutional and common law right to access civil judicial proceedings.  Closure of such proceedings must be considered under the procedural and substantive requirements of Press-Enterprise.

In Kentucky, the rights of access and procedures for requesting access in civil cases are the same as in criminal cases.

For an overview of the case law and rules governing access to civil cases and records in Maryland, see the “The roots of access rights” section above.

Article III, section 17 of West Virginia’s Constitution guarantees a constitutional right of the public, and the press, to attend civil court proceedings. State ex rel. Brooks v. Zakaib, 214 W. Va. 253, 265, 588 S.E.2d 418, 430 (2003) (quoting State ex rel. Garden State Newspapers, Inc. v. Hoke, 205 W.Va. 611, 520 S.E.2d 186 (1999)). However, this is not an absolute right – Rule 10.03(a) of the West Virginia Trial Court Rules directs that upon motion by either party named in any civil action, the court may limit access to court files. W. Va. Trial Ct. R. 10.03(a), https://www.courtswv.gov/legal-community/court-rules/wv-trial-court-rules-contents#rule1003  The order of limitation shall specify the nature of the limitation, the duration of the limitation, and the reason for the limitation. Zakaib, 214 W. Va. at 265–66, 588 S.E.2d at 430–31.

West Virginia courts require that any order limiting public access to civil proceedings or records satisfy the constitutional standards articulated in Garden State and Zakaib: (1) identification of a compelling interest that justifies closure, (2) specific findings demonstrating that sealing is narrowly tailored, and (3) consideration of less restrictive alternatives such as redaction. This framework applies even when parties seek to protect sensitive business information, medical records, or other materials traditionally treated as confidential.

he presumption of openness applies to all categories of civil proceedings unless confidentiality is mandated by statute (e.g., adoption, juvenile matters, certain guardianship proceedings). Routine civil litigation—including tort, contract, property, administrative appeals, and equity actions—remains subject to Article III, § 17’s strong access guarantee.