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Motion Sealed
“A written motion was filed and it has been sealed,” Home answered.
If the court is afraid that publicizing the motion will jeopardize the defendant’s right to a fair trial, then notice of a hearing for closure — without citing specific grounds — can still be posted, Luke countered. In addition, the hearing on the closure motion can be held in chambers in confidential information must be discussed. “But the threshhold inquiry is supposed to be a public hearing. . . I don’t think it took place. (If it didn’t) the only remedy is to open the record,” Luke maintained, noting that the law doesn’t provide for civil or criminal penalties. If the procedures weren’t folowed, “it violates the Virginia Constitution,” he argued.
If a motion for a closed hearing can be kept secret by including the confidential grounds for the motion, “you could defeat the Richmond Newspapers case every time... Then the other side, the public, isn’t even in the ballgame because they don’t even know the motion has been filed,” Luke said.
Home replied that he
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