WVC 16 - 2 I- 6
§16-2I-6. Protection of privacy in court proceedings.
In every civil or criminal proceeding or action brought under
this article, the court shall rule whether the anonymity of any
female upon whom an abortion has been performed or attempted shall
be preserved from public disclosure if she does not give her
consent to such disclosure. The court, upon motion or sua sponte,
shall make such a ruling and, upon determining that her anonymity
should be preserved, shall issue orders to the parties, witnesses
and counsel and shall direct the sealing of the record and
exclusion of individuals from courtrooms or hearing rooms to the
extent necessary to safeguard her identity from public disclosure.
Each such order shall be accompanied by specific written findings
explaining why the anonymity of the female should be preserved from
public disclosure, why the order is essential to that end, how the
order is narrowly tailored to serve that interest and why no
reasonable, less restrictive alternative exists. In the absence of
written consent of the female upon whom an abortion has been
performed or attempted, anyone, other than a public official, who
brings an action under section nine of this article shall do so
under a pseudonym. This section may not be construed to conceal
the identity of the plaintiff or of witnesses from the defendant.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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