Legal Opinion · Concurrence

In re Guardianship of A.S.

Supreme Court of Vermont

Decided August 14, 2012No. 11-183Published

1Concurrence

Dooley, J.,

¶ 20. concurring. In my view, the probate court had no authority to issue the order it did. The authorization to seal court records to protect confidentiality does not grant a court the power to rewrite history by eliminating any record of an event so that it never occurred. I therefore reject the majority’s premise that this order was a matter of discretion for the probate court. Because I agree, however, that the probate court’s order must be overturned, I concur with the majority’s disposition of this case.

¶ 21. To put this decision in perspective, we need to distinguish two…

2Cases cited8 opinions

  1. Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
  2. Walter F. Kusay, Jr. v. United StatesCourt of Appeals for the Seventh Circuit · 1995
  3. In Re Sealed DocumentsSupreme Court of Vermont · 2001
  4. State v. S.L.H.Supreme Court of Minnesota · 2008
  5. Diana Douglas v. Agricultural Stabilization and Conservation ServiceCourt of Appeals for the Seventh Circuit · 1994

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