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Tag: public

Can I Request to Have My Son’s Grandmother Removed From the Courtroom During My Custody Case Proceedings?

Are the court proceedings in your kind of case open to the public? If so, then the grandmother, being a member of the public, may have a right to be in the courtroom during the proceedings, as long as 1) there is no law that allows her to be excluded and 2) she is not disrupting the proceedings by being present during the proceedings.

Juvenile court proceedings are closed to the public in Utah.

District court proceedings are open to the public in Utah. That stated, it’s very easy for a Utah district court to exclude members of the public from the courtroom in certain kinds of cases because of Utah Code § 78A-2-208(4):

§ 78A-2-208.  Sittings of courts — To be public — Notice to public of recording — Right to exclude in certain cases.

(1) The sittings of every court of justice are public, except as provided in Subsections (3) and (4).

(2) The Judicial Council shall require that notice be given to the public that the proceedings are being recorded when an electronic or digital recording system is being used during court proceedings.

(3) The court may, in its discretion, during the examination of a witness exclude any and all other witnesses in the proceedings.

(4) In an action of divorce, criminal conversation, seduction, abortion, rape, or assault with intent to commit rape, the court may, in its discretion, exclude all persons who do not have a direct interest in the proceedings, except jurors, witnesses and officers of the court.

(emphasis added)

Utah Family Law, LC | divorceutah.com | 801-466-9277

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Are divorce records public?

I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b):

§30-3-4. Pleadings–Decree–Use of affidavit–Private records

(b) If the court finds that there are substantial interests favoring restricting access that clearly outweigh the interests favoring access, the court may classify the file, or any part thereof other than the final order, judgment, or decree, as private. An order classifying part of the file as private does not apply to subsequent filings. 

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/Are-divorce-records-public/answer/Eric-Johnson-311 

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Does a spouse have the right to see a DUI report?

First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your spouse, but to any other member of the public.

Second, if the question of whether you were cited and/or convicted of DUI arises in a divorce or child custody case because your spouse and/or the court has determined that alcohol or other substance abuse concerns are relevant to the child custody award or alimony award or other issues, then even if your DUI report were not already public record, it would likely be discoverable in the course of litigating the case and preparing for trial, so that both your spouse and the court would have that information available to them when arguing over which parent should receive child custody and/or how much time each parent should spend with the parties’ children, whether alimony should be tempered by your substance and/or spousal abuse history, etc.

Bottom line: records of a citation for, arrest for, conviction of, and or incarceration resulting from DUI are almost certainly discoverable in most divorce and child custody cases.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Does-a-spouse-have-the-right-to-see-a-DUI-report/answer/Eric-Johnson-311?prompt_topic_bio=1

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Does a spouse have the right to see a DUI report?

Does a spouse have the right to see a DUI report?

First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your spouse, but to any other member of the public.

Second, if the question of whether you were cited and/or convicted of DUI arises in a divorce or child custody case because your spouse and/or the court has determined that alcohol or other substance abuse concerns are relevant to the child custody award or alimony award or other issues, then even if your DUI report were not already public record, it would likely be discoverable in the course of litigating the case and preparing for trial, so that both your spouse and the court would have that information available to them when arguing over which parent should receive child custody and/or how much time each parent should spend with the parties’ children, whether alimony should be tempered by your substance and/or spousal abuse history, etc.

Bottom line: records of a citation for, arrest for, conviction of, and or incarceration resulting from DUI are almost certainly discoverable in most divorce and child custody cases.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Does-a-spouse-have-the-right-to-see-a-DUI-report/answer/Eric-Johnson-311?prompt_topic_bio=1

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The bitter truth is better than the sweetest lie.

The bitter truth is better than the sweetest lie.

It was recently reported that a California judge has been censured after commenting on “smoking hot” women, proclaiming that he had the “biggest balls in the courthouse” and making other inappropriate remarks.

So why should you care?

Well, look, I don’t like vulgarity either, but I’d rather a man or woman deal with me as he/she is than play acting at being something he/she ain’t, especially if he/she were my judge holding my fate in his/her hands. We should all aspire to clean language, but more importantly, I want to know who I am really dealing with. I expect it of others, they expect it of me, especially in the legal profession. You don’t have to like the way I (or anyone else) express(es) speech, opinions, or values, but you should appreciate the fact that I (and anyone else) expresses myself/himself/herself honestly and sincerely.

What good is a First Amendment if it doesn’t apply—and liberally apply—to judges too?

And does anyone think that language this judge uses is all that unusual (yes, even for judges)? It’s not. Not even close. I’ve heard some (some, not all) of Utah’s own judges at every level use this same kind of language. It’s not refined, and yes, it can be perceived (rightly or wrongly) as crude, but it’s certainly not something that disqualifies a judge from being a judge!

Judges are regular people (even though some of them may wish to have us believe otherwise). Let judges be who they are! Who they really are. Who they honestly are. I’d much rather a judge show his/her true colors both on and off the bench than adopt one standard in private life and a double standard in public.

Elihu Root was no lout, and even he said (back in in 1912), “About half of the practice of a decent lawyer is telling would-be clients that they are damned fools and should stop.” And Seneca said, “The bitter truth is better than the sweetest lie.”

Saying “ass” and “balls” and even “smoking hot” certainly isn’t the most tasteful way to behave, but the last thing we go to court seeking is taste; we go to courts seeking truth and justice and equity. A judge who, in private (hell (see what I did there?), even on the bench) says “ass” or “balls” or “don’t act like a scared little girl” doesn’t magically render one unable to render reasoned and just rulings–let’s concern ourselves with that, damn it.

 

Utah Family Law, LC | divorceutah.com | 801-466-9277

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