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Committee narrows HB185, adds procedural protections and refers bill on expedited appeals of sealed/closed proceedings to Finance
Summary
Patron of HB185 proposed an expedited interlocutory review for orders closing proceedings or sealing records; the committee limited the bill's scope to proceedings (not all records), adopted the change, and reported the measure to Finance for further review.
A patron presented House Bill 185 to the Senate Courts of Justice Committee as a Boyd-Graves conference bill proposing an expedited interlocutory review when a circuit court grants or denies a motion to close a proceeding or to seal a record. The sponsor said the measure seeks transparency and a faster resolution of disputes about whether a proceeding should be open to the public.
Members asked whether the bill could be misused to slow litigation by creating a new automatic appeal path and whether it was too broad if it applied to "any record." Eric Link, representing the Virginia Bar Association, told the committee that the disputed phrase was intended to refer to proceedings and the committee adopted an amendment to replace language referencing "any record not otherwise authorized to be closed or sealed" with narrower language focused on proceedings.
Sen. Stewart and others cautioned about the potential for the mechanism to be used repeatedly to delay trials, particularly in discovery disputes; supporters said the amendment addressed the committee's main objections. The committee then voted to report and re-refer the amended bill to the Finance Committee.
Next steps: HB185 was amended to clarify scope (proceedings not records) and sent to Finance for further consideration.
