[StBernard] Sealing of Meraux Foundation lawsuits to be heard Feb. 3, judge says

[Westley Annis]

Sealing of Meraux Foundation lawsuits to be heard Feb. 3, judge says

Published: Tuesday, January 17, 2012, 3:21 PM     Updated: Tuesday, January
17, 2012, 3:25 PM

 By Benjamin Alexander-Bloch, The Times-Picayune 

In describing his reasons for immediately sealing a multi-million-dollar
foundation's suits against a company partially owned by the St. Bernard
sheriff, state District Judge Kirk Vaughn said Tuesday that the Arlene and
Joseph Meraux Charitable Foundation had asked for the suits to be sealed,
and when no one contested the request, he said he allowed it until he could
further review the matter.

Vaughn said a hearing is set for 9:30 a.m. Feb. 3 to discuss the sealing of
the two Meraux Foundation suits against Amigo Enterprises Inc.

St. Bernard Parish Sheriff Jack Stephens has a one-third interest in Amigo.
The foundation previously has accused Amigo of not paying the foundation its
share of the $5.5 million that Amigo received in the summer of 2010 from
renting marina space in Hopedale to BP during the Gulf of Mexico oil spill
cleanup efforts.

Amigo has a long-term lease with the foundation for the waterfront marina
property in the eastern part of the parish. Amigo is supposed to pay $1,500
per month to the foundation, with inflation adjustments every five years
since 1996. In addition to the rent, the lease states that Amigo is supposed
to pay 10 percent of all gross income from any subleases or contracts to the
foundation.

Stephens was a member of the foundation's five-person board until he
resigned in September along with fellow member, lawyer Sal Gutierrez, a
longtime legal adviser to Stephens.

When the Meraux foundation filed its two suits on Friday and asked for the
sealing, Vaughn granted it, thereby preventing public access.

Vaughn said on Tuesday that while the code of judicial procedure prohibits
him from commenting on pending court proceedings, sealing records "is not
something the court favors" and he referred to the 2007 Supreme Court
decision regarding the Al Copeland divorce case as a prime example.

In that case, The Times-Picayune sought access to court records after
millionaire restaurateur Al Copeland and his fourth wife, Jennifer Devall
Copeland, split in February 2006 and Judge Reginald "Reggie" Badeaux of the
22nd District Court in Covington sealed the case.

After the newspaper challenged the sealed documents, the 1st Circuit Court
of Appeal in Baton Rouge upheld Badeaux's decision, but then the state
Supreme Court overturned the appellate court in June 2006 forcing Badeaux to
hold a public hearing to determine which records should remain under seal.

While the Supreme Court acknowledged there may be justification for sealing
some sentive evidence, it noted the "strong constitutional bias in favor of
open access by the public to court proceedings,'' in its ruling.

Badeaux released some records after that hearing but kept most under wraps.
The paper appealed again, bouncing the case back to the high court, and
that's when it issued its final October 2007 order to unseal the Copeland
record with only the children's home address and the name of their school
redacted.

There is a constitutional right to privacy, but the state Supreme Court has
defined some of its limits, stating "the right to privacy is not absolute;
it is qualified by the rights of others," and that "the right of privacy is
also limited by society's right to be informed about legitimate subjects of
public interest."

Typically, matters are excluded from the public only if they are seriously
detrimental to a fair trial, involve trade secrets, where the best interests
of a child demand protection, and in juvenile proceedings.

The U.S. Supreme Court has ruled that public access "is one of the numerous
checks and balances of our system, because contemporaneous review in the
forum of public opinion is an effective restraint on possible abuse of
judicial power."

.......

Benjamin Alexander-Bloch can be reached at bbloch at timespicayune.com or
504.826.3321.