National news outlets file motion objecting to case being ‘super-sealed’

Billionaire media mogul Rupert Murdoch and his heirs are protesting attempts by Our Nevada Judges and This Is Reno to lift the veil of secrecy on the trust battle recently revealed to be occurring in Washoe County. ONJ, a nonprofit that videotapes court hearings, is challenging the sealing of court records in the high-profile trust case, with This Is Reno signing on.

The New York Times revealed in late July that the case is being heard in Washoe County’s Second Judicial District Court. Until the NYT report, the case was not listed on the court’s website. This Is Reno and ONJ filed media coverage requests to cover hearings scheduled for September, but the court’s probate commissioner denied the requests. 

While the story has generated international attention—ONJ’s Alex Falconi was interviewed on Australian TV about the matter—most Reno-area media have so far ignored the case. CNN on Wednesday reported that the New York Times, the Associated Press, National Public Radio, the Washington Post, Reuters and CNN filed a motion to the court objecting to the case’s secrecy.

“Murdoch, the 93-year-old patriarch, filed a petition late last year to amend the irrevocable family trust that would have given equal voting shares to Murdoch’s eldest four children. Instead, Murdoch wanted to grant exclusive control to his eldest son and chosen successor Lachlan, according to The [New York] Times,” CNN reported. Lachlan is more politically aligned with Murdoch, as opposed to his elder siblings.

Based on ONJ’s motion to unseal the case, three law firms have now been identified as representing parties in the dispute. The court’s probate commissioner, Edmund Gorman, determined the case to be top-secret, so the parties—heirs to Murdoch’s fortune and News Corp. media empire—are identified only as “Does” 1, 2 and 9. Opposing the case’s sealing, though, had three law firms issue objections to having any information about the case made public. 

“ONJ is hard pressed to come up with a reason that this Court has seen fit, for example, to seal the identities of the attorneys themselves.” 

Alexander LeVeque of the Las Vegas law firm Solomon Dwiggins Freer & Steadman, who represents Doe 9, filed an objection on Aug. 23 to opening the case “until after the parties are afforded the opportunity to respond.” Doe 1 is represented by nine attorneys from the Maupin, Cox & LeGoy law firm in Reno and the Sheppard, Mullin, Richter & Hampton firm from Los Angeles. Doe 2 is represented by the Reno law firm, Robison, Sharp, Sullivan & Brust.

The case, set for a hearing in September, focuses on Murdoch’s trust and potential implications for News Corp. leadership. Details remain scarce due to the extensive sealing of court documents.

“ONJ is hard pressed to come up with a reason that this Court has seen fit, for example, to seal the identities of the attorneys themselves,” ONJ’s attorney Luke Busby wrote in a court document on Wednesday. “Doing so has rendered ONJ unable to communicate and even serve Parties in this case, aside from blindly relying on the automated electronic service.”

The nonprofit argued the sealing violates constitutional rights of public access to court proceedings, citing ONJ’s recent Nevada Supreme Court victory. ONJ, in that case, prevailed on the right to access court proceedings in Nevada, including family law cases. The state court found the First Amendment guarantees the right to access civil court proceedings.

“The Constitution places restrictions on how legislatures and courts can conceal records and court proceedings through statutes and court rules,” ONJ states in its filing. “In other words, there are constitutional limits on the government’s ability to keep information from the public.”

ONJ argued that bringing trust disputes into court transforms them from private matters into public issues.

“The trust matter in question directly involves Rupert Murdoch, who is undeniably a prominent public figure, and concerns the future leadership and control of News Corp., a major global media conglomerate,” the filing notes. “These circumstances elevate the case to one of substantial public interest and importance.”

District Court Judge David Hardy is expected to rule on whether the case can remain super-sealed. Falconi indicated the matter may have to end up at the Nevada Supreme Court.

Busby represents This Is Reno in public records litigation.