San Francisco Family Law Blog

Divorce Bill Would Redact Financial Information
By Samantha Young, The Associated Press

SACRAMENTO—An Assembly committee voted Wednesday to allow judges to edit personal and financial information out of divorce records if a spouse requests the information be kept private.

The Appropriations Committee endorsed a bill that supporters framed as critical to privacy and identity theft prevention, but opponents warned would lock the public out of court proceedings.

A 12-3 vote sent the measure to the full Assembly.

“In every case, whether you are rich or poor, everything down to the balance in your checking account is available to the public,” said Sen. Kevin Murray, D-Culver City, the bill’s author. “I just don’t see any reason for that.”

Women’s organizations, judicial groups and First Amendment advocates lined up in the committee room to urge lawmakers to reject the bill over public access and equality issues.

Tracy Kenny, legislative advocate of the Judicial Council of California, said the courts will look like they have something to hide if judges make divorce records secret and then rule on the case.

“While we recognize information in the file is of course sensitive and private to many people, we also recognize that if it appears the court is making decisions in secret that may enhance existing perceptions out in the public that there is some kind of unfairness going on in these cases,” Kenny said.

The Legislature in 2004 approved a broader bill that gave judges the authority to seal entire divorce records.

The California Newspapers Publishers Association, the Los Angeles Times and the Associated Press challenged the law, and a state appeals court struck it down. Critics said it was designed to help billionaire Ron Burkle, a major campaign contributor who was in the midst of divorce proceedings.

The revised bill would permit a judge to edit out Social Security numbers, home addresses, banking information, annual salaries, income and net worth.

“Actual listing of financial information of individuals gives no benefit to the public other than maybe the newspapers’ ability to sell papers based upon salacious details of someone’s financial privacy,” Murray said.

Besides Murray, no one spoke in favor of the bill, but the Family Law Group within the State Bar and the California Alliance for Families and Children are listed as supporters.