Court Asked to Overturn Calif. Law Protecting Divorce Records

By: (AP) News organizations including The Associated Press went to court Wednesday to challenge the constitutionality of a new state law allowing billionaire investor Ron Burkle to seal records related to his divorce proceedings.

The legal brief filed in California's 2nd District Court of Appeal argues that both the First Amendment to the Constitution and common law provide "a presumptive right of public and press access to civil court proceedings and documents."

"These rights do not disappear merely because the proceedings involve wealthy, powerful public figures," the brief stated. "To the contrary, the public's interest in ensuring that equal treatment is given in such cases arguably is even stronger."

It was filed by attorneys representing the AP, the Los Angeles Times, and the California Newspaper Publishers Association.

Burkle spokesman Frank Quinero said the investor had no immediate comment. Burkle's attorneys have previously declined to discuss the matter.

One of the world's richest men, Burkle has an estimated personal wealth of $2.3 billion. He is a frequent political contributor who has given millions of dollars, mostly to Democratic candidates, although he has also given more than $200,000 to Republican Gov. Arnold Schwarzenegger and his campaigns.

His attorneys have asked a judge to seal records involving his ongoing divorce, citing a bill signed into law by Schwarzenegger in June that compels courts to close records that otherwise would be made public. The records contain information about his financial holdings and dealings.

Lawyers representing his wife challenged the motion Dec. 21, arguing the law is unconstitutional.

Janet Burkle has accused her husband's business of hiding millions of dollars in assets after filing for divorce in June 2003.

The law on which Ron Burkle's attorneys rely was passed by the Legislature in May and signed by Schwarzenegger under an emergency clause that put it into effect immediately.

Its Assembly sponsor, Democrat Christine Kehoe, who has since been elected to the state Senate, said at the time that the law was needed partly to prevent "undue media publicity about divorcing couples with substantial assets."