COMMITTEE SUBSTITUTE

FOR

H. B. 4575

(By Delegates Fantasia, Prezioso and Stewart)


(Originating in the House Committee on the Judiciary)


[February 25, 1994]


A BILL to amend and reenact section twenty-seven, article two, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the confidentiality of domestic relations court files; providing that domestic relations case files are public records but are not open to public inspection; sealing sensitive information by order; opening of sealed documents by circuit judge and family law master; inspection by master in any case; and describing certain persons who have the right or may petition for the right to examine and copy confidential files.
Be it enacted by the Legislature of West Virginia:

That section twenty-seven, article two, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and enacted to read as follows:

§48-2-27. Sealing by clerk of evidence and pleadings. Confidentiality of domestic relations court files .
 When a judgment order is entered in any action for annulment of marriage or for divorce, the clerk shall immediately seal in a package all pleadings, except the orders of the court, all the written testimony, exhibits to the testimony, the stenographic notes or other recordings of the testimony, if any were taken, the commissioner's report, and all other evidence, and the same shall not be again opened except upon written permission of the court: Provided, That a family law master before whom a subsequent matter in the same action is pending may open and inspect the pleadings, testimony, exhibits, notes and recordings, reports, evidence and all other contents of the sealed court file without the written permission of the court.
All orders in domestic relations cases entered in the civil order books by circuit clerks are public records. For purposes of this section, domestic relations cases shall include actions for divorce, annulment, separate maintenance, paternity, child support, custody, visitation, actions brought under the provisions of the uniform reciprocal enforcement of support act and petitions for writs of habeas corpus wherein the issue is child custody.
Upon the filing of a domestic relations case, all pleadings, exhibits or other documents contained in the court file shall be considered confidential and not open for public inspection either during the pendency of the case or after the case is closed.
When sensitive information has been disclosed in a hearing or in pleadings or evidence or documents filed in the record, a circuit judge or family law master may, sua sponte or upon motion of a party, order such information sealed in the court file. Sealed documents or court files shall only be opened by order of a circuit judge or family law master: Provided, That in any case pending before a family law master, the master may open and inspect the contents of the court file.
The parties, their designees, their attorneys, a duly appointed guardian ad litem, or any person who has standing to seek modification or enforcement of a support order, shall have the right to examine and copy any document in a confidential court file which has not been sealed by order of a circuit judge or family law master. Upon petition or motion and good cause shown, the circuit judge or family law master may grant to a person not otherwise described herein the right to examine and copy such documents.