Is a judge required to make a public statement of their reasons to seal a defendant's mental health records?

MultiRegion, United States of America

The following excerpt is from United States v. Aguilar, No. 2: 15-cr-041-GEB (E.D. Cal. 2017):

This statutory "requirement reflects sound judicial practice [since j]udicial decisions are reasoned decisions. Confidence in a judge's use of reason underlies the public's trust in the judicial institution. A public statement of those reasons helps provide the public with the assurance that creates that trust." Rita v. United States, 551 U.S. 338, 356 (2007).

Defendant has made conclusory arguments about her entitlement to privacy that disregard her obligation to show that the privacy at issue constitutes an interest compelling enough to justify the degree of secrecy and closure she seeks. Further, Defendant has not addressed this balance in the situation here where "Defendant has chosen to introduce [psychological and other] information [she contends concern private matters] in an attempt to mitigate h[er] sentence." United States v. Dare, 568 F. Supp. 2d 242, 244 (N.D.N.Y. 2008). "The mere fact that the production of records may lead to a litigant's embarrassment [or] incrimination . . . will not, without more, compel the court to seal its records." Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006).

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