Louisiana law allows for the sealing or redaction of portions of civil court records.1 To be successful, such a request must make a specific showing that the privacy right outweighs the constitutional presumption in favor of public access to the information. Even after weighing the privacy right of the parties against the legal default in favor of public records, it is highly unlikely that a blanket order will issue sealing the entire record. Being mindful of what information is present in each pleading makes it easier to request either the sealing or redaction of specific portions of the record rather than the record as a whole.
For Petitions for name correction, it may be advisable to request that the case be anonymized by re-captioning to only the Petitioner’s initials following the final judgment changing your client’s name as the case caption is no longer legally accurate. This may be enough to make discovery of your client's case unlikely. Additionally or alternatively, you may ask that all mentions of your client’s former name be redacted from the record or that the initial Petition be sealed to protect against public inquiry into your client’s gender identity if that information was discussed in the Petition.
In cases requesting correction of your client’s gender marker, you may likewise request anonymizing and redaction, but it is also highly advisable to request at the time of filing that trial exhibits, transcripts, or memoranda be placed under seal as they will most certainly reveal your client’s very private medical information.
As always, defer to your client before taking any of these steps as this process is intended to increase and not diminish your client’s sense of empowerment and self-determination. Moreover, filing additional pleadings will come with additional costs that your client may be unable or unwilling to take on.
In addition to sealing or redacting the physical record, you may request that any hearings be conducted in a closed courtroom so as to protect your client’s privacy. Much like a motion to seal, a motion to proceed in private must overcome a presumption in favor of open proceedings by demonstrating a specific need for a closed courtroom for the Petitioner’s benefit and safety.
- 1See Copeland v. Copeland, 2007-CC-0177 (La. 10/16/07), 966 So.2d 1040.