"We are once again confronted with the denial of a sealing request in a Civil Rights Law article 6 proceeding - by the same Supreme Court justice - predicated on amorphous 'public interest concerns,' wrote Appellate Judge Eddie J. McShan in a ruling, highlighting the pattern of Walsh's decisions."
"In a 'customary' case like this one, protecting the applicant from the threat of harm posed by an open court record of a name change proceeding necessarily takes priority over the public's ability to access that court record, wrote Appellate Justice Sharon A.M. Aarons."
"The judge, in court proceedings offered reasoning that 'public interest concerns' such as background checks and genealogy records outweighed fears of online harassment, work discrimination, or the risk of hate crimes."
New York State Supreme Court Justice James Walsh has faced criticism for repeatedly declining to seal records for transgender individuals legally changing their names over the past two years. Despite approving the name changes themselves, Walsh has denied requests to seal the associated court records, citing public interest concerns such as background checks and genealogy records. Appellate courts have consistently overturned his decisions, with judges noting that protecting applicants from harassment, discrimination, and hate crimes should take priority over public access to name change proceedings. An appellate judge specifically referenced Walsh's pattern of denying sealing requests in similar cases, highlighting the inconsistency between his rulings and established legal precedent protecting transgender individuals' privacy and safety.
Read at Advocate.com
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