Family Legal Ease - Family Law and LGBT Legal Services

The Court of Appeals released its opinion today (2/2/2012) regarding the release of the Prop 8 trial recordings. After 22 pages of discussion the Court of Appeals reversed the order of the district court finding the lower court's decision to be an abuse of its discretion and remanded the matter with instructions to maintain the trial recording under seal. The court also instructed the lower court not to return to former Chief Judge Walker the copy of the recording that he has lodged with the court.

While the decision is not a welcoming one, the justification provided by the Court of Appeals is solid. The question addressed was only whether a subsequent judge can come along and unseal records that had been previously sealed by the prior judge. To better grasp the analysis of the Court of Appeals, read the text of the decision, in its entirety, here.