Utah Supreme Court

Can courts seal investigative secrecy applications from public view? Kearns-Tribune Corp. v. Wilkinson Explained

1997 UT
No. 970351
September 23, 1997
Reversed

Summary

The Salt Lake Tribune sought access to documents filed by the district attorney requesting secrecy under the Investigative Subpoena Powers Act. The district court denied access, finding the Tribune lacked standing and alternatively that it failed to show good cause for unsealing the documents.

Analysis

In a significant victory for press access rights, the Utah Supreme Court ruled in Kearns-Tribune Corp. v. Wilkinson that investigative secrecy applications filed under Utah’s Investigative Subpoena Powers Act are public documents that cannot be sealed from public view.

Background and Facts

The Salt Lake Tribune requested access to documents the district attorney had filed seeking secrecy for a criminal investigation under the Investigative Subpoena Powers Act. The district court required the Tribune to intervene and file a written motion. After oral argument, the court denied access, ruling that the Tribune lacked standing to seek the records and alternatively that it failed to show good cause for unsealing the documents.

Key Legal Issues

The case presented two primary questions: whether the Tribune had standing to challenge the court’s secrecy order, and whether the statute authorized courts to seal investigative secrecy applications themselves. The court also had to interpret the complex structure of the Investigative Subpoena Powers Act and determine which documents could be kept secret under its provisions.

Court’s Analysis and Holding

The Utah Supreme Court granted the Tribune’s petition for extraordinary relief. The court found that the Tribune had standing because the Investigative Subpoena Powers Act presumes court records are open to the public unless the district attorney makes the requisite showing for secrecy. More importantly, the court concluded that nothing in the statute authorizes courts to keep investigative secrecy applications themselves secret—only the underlying investigation records can be sealed.

Practice Implications

This decision clarifies the public’s right to access court documents under Utah’s investigative subpoena statute. The ruling emphasizes that the burden is on prosecutors to show good cause for secrecy, not on challengers to show good cause for access. Courts must carefully distinguish between sealing underlying investigation records and sealing the applications requesting such secrecy orders.

Original Opinion

Link to Original Case

Case Details

Case Name

Kearns-Tribune Corp. v. Wilkinson

Citation

1997 UT

Court

Utah Supreme Court

Case Number

No. 970351

Date Decided

September 23, 1997

Outcome

Reversed

Holding

The Investigative Subpoena Powers Act does not authorize district courts to keep investigative secrecy applications secret from the public.

Standard of Review

Questions of law reviewed for correctness with minimal discretion to the trial court; factual determinations reviewed with deference

Practice Tip

When challenging secrecy orders under the Investigative Subpoena Powers Act, remember that the burden is on the district attorney to show good cause for secrecy, not on the challenger to show good cause for access.

Need Appellate Counsel?

Lotus Appellate Law handles appeals before the Utah Court of Appeals, Utah Supreme Court, California Court of Appeal, and the United States Court of Appeals for the Tenth Circuit.

Related Court Opinions

    • Utah Court of Appeals

    In re C.Z.

    March 12, 2021

    A parent who fails to remedy the circumstances that led to a child’s out-of-home placement by maintaining an ongoing relationship with an abusive partner creates a substantial risk to the child’s welfare, justifying termination of parental rights under Utah Code section 78A-6-507(1)(d).
    • DCFS and Child Welfare
    • |
    • Evidence and Admissibility
    • |
    • Termination of Parental Rights
    Read More
    • Utah Court of Appeals

    Fennell v. Green

    August 21, 2003

    A landslide on residential property that causes only economic loss without personal injury or property damage cannot support claims for fraudulent nondisclosure, negligent misrepresentation, or breach of implied warranty when defendants lacked knowledge of the landslide risk and the economic loss rule applies.
    • Contract Interpretation
    • |
    • Property Rights
    • |
    • Summary Judgment
    • |
    • Tort Law and Negligence
    Read More
About these Decision Summaries

Lotus Appellate Law publishes these summaries to keep practitioners informed — not as legal advice. Each case turns on its own facts. If a decision here is relevant to your matter, we’re happy to discuss it.