copy of the Final Judgment is attached as Exhibit A A true and correct copy of the Notice of Withdrawal of Motion to Amend Final Judgment is attached as Exhibit Dated January Respectfully submitted GREENBERG TRAURIG P.A Attorneys for CA Florida Holdings LLC Publisher of The Palm Beach Post Stephen A Mendelsohn Esq Town Center Circle Suite Boca Raton Florida Telephone Facsimile By Isl Stephen A Mendelsohn STEPHEN A MENDELSOHN Florida Bar No mendelsohns gtlaw.com hasenh gtlaw.com FLService gtlaw.com and By Michael Grygiel MICHAEL GRYGIEL Pro Hae Vice State St 6th Floor Albany New York Telephone Facsimile grygielm gtlaw.com By Nina Boyajian NINA BOY AJIAN Pro Hae Vice Century Park East Suite Los Angeles CA Telephone Facsimile boyajiann gtlaw.com riveraal gtlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 27th day of January a copy of the foregoing has been electronically filed with the Florida E-File Portal fore-service on all parties of record herein Isl Stephen A Mendelsohn STEPHEN A MENDELSOHN EXHIBIT A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CIRCUIT CIVIL DIVISION AG CASE NO CA FLORIDA HOLDINGS LLC PUBLISHER OF THE PALM BEACH POST Plaintiff/Petitioner vs DA VE ARONBERG SHARON BOCK Defendant/Respondents I FINAL JUDGMENT THIS CAUSE came before the court on the motion for summary judgment of plaintiff CA Florida Holdings LLC publisher of The Palm Beach Post the Newspaper on Count I of its complaint in this action D.E The sole remaining defendant Joseph Abruzzo in his capacity as the Clerk and Comptroller of Palm Beach County the clerk filed a response to the motion on October D.E The Newspaper filed a reply on October D.E The motion was heard by the court on October The court has considered the submissions of the parties the arguments of counsel the record in the case and is otherwise advised of the premises Because Count II of the Newspapers complaint which is the only other count has been disposed ofby Order filed June D.E this is a final judgment in the case The court is aware that in an October article published by the Newspaper it suggested that the court indicated at the hearing that it was inclined to release the records The Newspaper may have misheard the courts remarks during the hearing which lasted nearly two hours The court is not criticizing the Newspaper and has a great deal of respect for the reporter but must clarify that the court stated that it had not made a decision whether it would order that the grand jury records would be produced Hrg Tr at The court reiterated So I just wanted SUMMARY OF THE CASE AND ITS CURRENT STATUS The Newspaper filed its complaint on November seeking disclosure and production of documents exhibits testimony transcripts audio and visual materials and all other things the Materials presented to the grand jury in proceedings instituted by the State Attorney for the th Judicial Circuit in and for Palm Beach County Florida the State Attorney which resulted in an indictment of Jeffrey Epstein for one count of Felony Solicitation of Prostitution No and a subsequent charge of Procuring Person Under Age for Prostitution In both cases on June Mr Epstein pleaded guilty to the charge of Procuring Person under Age for Prostitution He was sentenced to months of community control in the custody of the Palm Beach County Sheriffs Office D.E D.E Count I of the Newspapers complaint seeks a declaratory judgment that section Florida Statutes should be interpreted to permit disclosure of the Materials to the Newspaper so that it may then report on their content as part of its continued investigation and reporting of matters relating to Mr Epstein That count also seeks a declaration ordering disclosure of the Materials pursuant to the courts inherent authority over grand jury proceedings because of the exceptional public interest in this case and the compelling circumstances supporting transparency Amended Complaint i PRELIMINARY PROCEDURAL ISSUE The court notes that the only other defendant in this case the State Attorney has been dismissed and there have been no attempts to intervene in this case to take a position against to make that clear from the outset that there will be no wholesale turning over of any records if and again that is a significant word if the production is ordered Hrg Tr at emphasis added disclosure The clerks position is that he is merely the custodian of the Materials and as such he has no real interest in the issues before the court as identified The clerk only needs direction from the court on whether or not he should produce and disclose the Materials Nonetheless the clerk has zealously advocated the position against disclosure based upon grand jury secrecy and confidentiality because under Rule xvi of the Florida Rules of General Practice and Judicial Administration the clerk is required to maintain the confidentiality of grand jury records The clerk is correct that his role as custodian of the Materials is only to follow the courts direction once confidentiality is determined The clerks role in this proceeding has been complicated or expanded because the Newspaper filed this action as a civil declaratory judgment action and has moved for summary judgment under Florida Rule of Civil Procedure However the proper procedure for obtaining disclosure of confidential court records is set forth in Florida Rule of General Practice and Judicial Administration which only requires the filing of a motion seeking disclosure Fla Gen Prac Jud Admin Rule Accordingly the court will treat the Newspapers complaint and motion for summary judgment as a motion for disclosure under Rule As a result the court need not determine as a matter of law whether the clerk of the court is a proper party defendant to a declaratory judgment action for the release of grand jury records Although the clerk of court is the proper Rule requires a party seeking disclosure to serve the motion on all parties and reasonably affected non-parties Of course that did not occur here and would have been impossible to carry out as reasonably affected non-parties cannot be determined without actually seeing the Materials Because the court is denying the relief sought however this issue is academic subject of any order directing the release of protected grand jury records issued pursuant to Rule under the rule it is not a defendant or party in relation to the requested itself The courts determination to treat the Newspapers claim as a Rule motion resolves another issue as well The Newspaper devotes significant argument to its standing to prosecute this action arguing that section vests it with a private right of action Motion i,i First the argument of whether section creates a private right of action was already substantively addressed by this courts Order dismissing Count II of the Amended Complaint D.E Second the court sees no reason to question the Newspapers standing to bring a Rule motion which is available to any member of the public seeking access to records of the judicial branch See Fla Gen Prac Jud Admin a Lastly even in treating the complaint and motion for summary judgment as a motion under Rule there are no disputed fact issues and the issues before the court are issues of law Accordingly this is a final judgment THE UNDISPUTED FACTS The facts germane to this final judgment are not in dispute and are recounted here The grand jury was convened in proceedings instituted by the State Attorney regarding alleged criminal misconduct of a sexual nature by Jeffrey Epstein now deceased Materials were presented to the grand jury The United States Department of Justice by and through the office of the United States Attorney for the Southern District of Florida obtained the Materials The This fact is established by Exhibit to the Newspapers motion which is the United States Department of Justice Office of Professional Responsibility Report Investigation into the U.S Attorneys Office for the Southern District of Floridas Resolution of Its Federal Criminal Investigation of Jeffrey Epstein and Its Interactions with Victims during the Investigation Nov the Report The Report makes references to the fact that the federal government obtained and reviewed the Materials See the Report at and Newspaper operates and does business in Palm Beach County Florida The clerk is a duly elected governmental official and he and his office have custody of the Materials ANALYSIS The Newspaper appears to have presented questions of first impression regarding both the interpretation of section and the inherent authority of the court Those questions also implicate issues of constitutional import regarding the historic tension between grand jury secrecy and the First Amendment Additionally the Newspaper presents these questions in the context of genuine subjects of public interest and concern regarding the prosecutorial process of Mr Epstein Mr Epstein was a person of great wealth and influence accused of being a sex predator who engaged in criminal sex trafficking of minors among other crimes The public record establishes that Mr Epstein entered into a federal non-prosecution agreement with the United States Attorney for the Southern District of Florida in exchange for a guilty plea in the then pending state court case to one count of procuring a minor for prostitution for which he served less than a year in work-release incarceration at the Palm Beach County Jail Mr Epstein was federally indicted in by the United States Attorney for the Southern District of New York for the same type of conduct during the time-span preceding the state indictment and the no-prosecution agreement negotiated with the federal prosecutor Mr Epstein was never brought to trial on those charges having committed suicide in his New York jail cell See the Report referenced inn supra Id In this Order the court rules against the Newspaper because the established and binding maxims of Florida law constrain it to do so As noted below federal courts have departed from the limited prescriptions of Federal Rule of Criminal Procedure in granting access to grand jury records in special circumstances E.g In re Petition of Craig F.3d 2d Cir recognizing that there are certain special circumstances in which release of grand jury records is appropriate even outside of the boundaries ofRule Florida law however has yet to recognize such flexibility under either section or Rule A Section and the phrase furthering justice The court first addresses the issue whether the Newspapers claim fits within the purpose of furthering justice under section The full text of sections and provide context A grand juror state attorney assistant state attorney reporter stenographer interpreter or any other person appearing before the grand jury shall not disclose the testimony of a witness examined before the grand jury or other evidence received by it except when required by a court to disclose the testimony for the purpose of a Ascertaining whether it is consistent with the testimony given by the witness before the court Determining whether the witness is guilty of perjury or Furthering justice It is unlawful for any person knowingly to publish broadcast disclose divulge or communicate to any other person or knowingly to cause or permit to be published broadcast disclosed divulged or communicated to any other person in any manner whatsoever any testimony of a witness examined before the grand jury or the content gist or import thereof except when such testimony is or has been disclosed in a court proceeding When a court orders the disclosure of such testimony pursuant to subsection for use in a criminal case it may be disclosed to the prosecuting attorney of the court in which such criminal case is pending and by the prosecuting attorney to his or her assistants legal associates and employees and to the defendant and the defendants attorney and by the latter to his or her legal associates and employees When such disclosure is ordered by a court pursuant to subsection for use in a civil case it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees However the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the civil or criminal case and for no other purpose whatsoever Emphasis added Reading subsection furthering justice in tandem with subsection it is evident that the phrase furthering justice is to be interpreted in the context of seeking disclosure of grand jury materials for use in a pending criminal or civil case The Newspaper acknowledges that it is not seeking disclosure of the Materials for such a purpose Amended complaint i Motion i Instead the Newspaper advocates a more expansive interpretation of the term furthering justice and also posits that because it is not seeking disclosure of the Materials for use in a criminal or civil case it seeks an additional declaration that its intended use of the Materials is not so limited by section Id The Newspaper wants the ability to publish the Materials and reference them in its reporting and also to make the Materials available to the public Amended Complaint prayer at Motion i The Newspaper makes strong arguments to advance its more expansive construction of section as part of"furtheringjustice Unquestionably the established matters surrounding Mr Epsteins conduct the circumstances of his resolution of the state charges and potential federal charges and his guilty plea and incarceration are matters of public interest and disclosure of the Materials may arguably fall within the concept of furthering justice in the broadest social sense of the phrase Yet the courts interpretation of the scope of section The Newspaper concedes in its submissions that the court could first conduct an in camera review of the Materials and redact any information the court deems sensitive such as identities of innocent parties Amended Complaint i Motion i,i and of the phrase furthering justice is governed and constrained by the established rules of statutory construction In interpreting a statute the court must respect the role of the legislature the legislative process and the language of the statute A courts function is to interpret statutes as they are written and give effect to each word in the statute State Sampaia So 3d Fla th DCA quoting Fla Dept of Revenue Fla Mun Power Agency So 2d Fla When legislation is clear our task is to apply the text not improve upon it Kaplan Epstein So 3d Fla 4th DCA quoting Pavelic LeFlore Marvel Entertainment Group U.S It is our courts duty to interpret the law as given us by the people in the Constitution or by the Legislature We are not permitted to substitute judicial cerebration for law or that which we think the law should be and command that it be enforced In re Investigation of Circuit Judge of Eleventh Judicial Circuit of Florida So 2d Fla As courts we should never forget that in construing acts of the legislature we are concerned only with the power of the legislature to enact the law Our peculiar social and economic views have no place in such a consideration Tyson Lanier So 2d Fla Turning to section the term furtheringjustice as used in subsection cannot be read in a vacuum without regard to the entire text of the statute and particularly subsection Every statute must also be read as a whole with meaning ascribed to every portion and due regard given to the semantic and contextual interrelationship between its parts Indian River County Ocean Concrete Inc So 3d Fla 4th DCA quoting Fla Dept of Envtl Prat ContractPoint Fla Parks LLC So 2d Fla quoting Forsythe Longboat Key Beach Erosion Control Dist So 2d Fla Subsection clearly limits section scope to those instances in which grand jury testimony or materials need to be disclosed for use in a criminal or civil case Subsection provides that once grand jury testimony is disclosed in the course of a court proceeding it is then open to unlimited dissemination But before that occurs the court must determine that one of the three needs prescribed in subsection is present in a criminal or civil case that requires disclosure There is nothing in section that gives a court carte blanche authority to release grand jury materials in any situation that might bear some relationship to furthering justice in its broadest sense Accordingly the Newspapers argument that section and the term furthering justice permits disclosure of grand jury materials in the situation must be denied here where there is no criminal or civil case in which it is to be used The courts inherent authority Alternatively the Newspaper argues that the court has inherent authority to order the release of the Materials At several places in its submissions the Newspaper asserts its right or entitlement to disclosure of the Materials under both section and the courts inherent authority and supervisory powers Amended Complaint i Motion i,i There is however no First Amendment right to the disclosure of grand jury materials A settled proposition one that the press does not contest is this there is no First Amendment right of access to grand jury proceedings In re Motions of Dow Jones Co F.3d D.C Cir cert denied sub nom Dow Jones Co Inc Clinton U.S accord In re Sealed Case F.3d D.C Cir The Newspaper provides several passages from state and federal cases generally recognizing a courts inherent authority Motion i The Newspaper also cites several federal cases in which grand jury materials were disclosed yet those cases substantially tum on Federal Rule of Criminal Procedure which governs disclosure of grand jury materials and contains provisions not present in Florida statutes and rules Motion i The Newspaper also references the recent example of a Kentucky state court releasing portions of grand jury testimony in the Breanna Taylor case under Kentucky Rule of Criminal Procedure which gives Kentucky courts broad umestricted authority to at any time direct otherwise regarding disclosure of grand jury materials Motion i,i Finally the Newspaper cites In re Petition of Craig F.3d 2d Cir in which the court there set forth a number of factors to consider in determining whether under federal law and rule a federal court may release grand jury materials for reasons other than those enumerated in Federal Rule of Criminal Procedure The Newspaper argues that this court should apply these factors in exercising its inherent authority to release the Materials A courts inherent authority has its boundaries If a specific statute or rule applies the trial court should rely on the applicable rule or statute rather than on inherent authority Moakley Smallwood So 2d Fla addressing inherent authority to sanction attorney misconduct accord Santini Cleveland Clinic Florida So 3d Fla 4th DCA finding that trial court erred in relying on inherent authority instead of sanctions statute In a contest between a clear valid unchallenged statute and a trial courts general inherent authority the statute must prevail Swearingen Pretzer So 3d Fla 1st DCA Kelsey dissenting The Newspaper has provided no Florida authority holding that a trial court may use its inherent authority to order disclosure of grand jury materials in the face of section which governs and enumerates the circumstances under which grand jury materials may be disclosed Again the court acknowledges the Newspapers vibrant and sincere arguments for seeking disclosure as a matter of public interest and in furthering justice in the broader sense of the term Nonetheless nder fundamental principles of separation of powers courts cannot judicially alter the wording of statutes where the Legislature clearly has not done so Fla Dept of Revenue So 2d at Even if furthering justice as stated in section could be extended beyond the specific situations prescribed by that statute still the court cannot do so here The court notes the Order issued by this court The Honorable Krista Marx in State of Florida Jeffrey Epstein No Order Jan in which the court denied the Florida Department of Law Enforcements motion for disclosure of the same grand jury materials at issue here Although the term furthering justice seems quite broad the history of the exception in both common law and modem case law establishes that the exception is actually quite narrow it does not encompass any reason that could further justice but rather requires the showing of a particularized and compelling need which outweighs any interest in maintaining secrecy and cannot be satisfied in another manner Brookings State So 2d Fla holding that a party seeking disclosure of grand jury proceedings must make a strong showing of a particularized need in order to outweigh the public interest in secrecy citing United States Sells Engg Inc U.S emphasis added Such a showing must be comprised of more than a mere surmise or speculation Minton So 2d at If a party makes this a showing then the trial court may examine the grand jury testimony in camera and make a determination of its materiality Id Disclosure should then be permitted only if essential to the attainment of justice Brookings So 2d at Minton So 2d at This court reiterates that the term furthering justice as recognized in the foregoing quote still requires the showing of a particularized and compelling need which outweighs any interest in maintaining secrecy and cannot be satisfied in another manner The court also finds that such a showing has not been made here It is true that furthering justice is an amorphous term which can be read to support a broad range of justifications for disclosure Blacks Law Dictionary offers several contexts in which the term justice has been defined Id 11th Ed It may well be that the disclosure of Jeffery Epsteins grand jury records could reveal that fair treatment did not occur and that Mr Epstein might have escaped appropriate punishment through some failing of our justice system However the publics generalized interest in investigating that potential injustice must be considered and weighed against the specific policies in favor of grand jury secrecy-policies that preserve the safety of grand jurors and witnesses and encourage their frank and unhampered testimony in all cases submitted to grand jury See Grand Jury Fall Term A.D City of St Petersburg Fla So 2d Fla 2d DCA citing Minton State So 2d Fla Here the justification for disclosure is derived primarily from the notoriety of the accused and the publics suspicion of unfair treatment If that alone were enough to compel disclosure of grand jury records it could have an unintended chilling effect on witnesses and jurors considering the indictment of powerful individuals in future grand jury proceedings In any event the Newspaper in the present case has failed to establish a particularized and compelling need which outweighs any interest in maintaining grand jury secrecy Finally this courts inherent power does not give it carte blanche to ignore legal precedent or statutory mandate simply because it finds the underlying cause particularly worthy Perhaps the circumstances presented above will induce the Legislature to amend section to grant the courts additional authority or leeway in ruling on unique cases such as this one Alternatively an appeal of this order might persuade a higher court to establish a less restrictive interpretation of the furthering justice exception the limitations of section and the limits of a courts inherent authority Until that time this court is bound by the fundamental doctrines of statutory construction separation of powers and stare decisis to rule according to the law as it exists today CONCLUSION Based upon the constraints imposed upon this court by section the court has limited authority to order the release of grand jury records No matter how palatable and persuasive the Newspapers arguments may be the court cannot exercise that limited authority here Nor does the courts inherent authority permit it to broaden the statutes limits The court commends both parties attorneys for their exceptional oral and written presentations Accordingly it is hereby ORDERED and ADJUDGED that final judgment is hereby entered dismissing this action in its entirety Defendant Joseph Abruzzo in his capacity as Clerk of the Circuit Court Comptroller for Palm Beach County shall go hence without day The court reserves jurisdiction to entertain any motion filed under Rule Florida Rules of Civil Procedure This is a final appealable judgment DONE and ENTERED in Palm Beach County Florida Name n/a CYNTHIA GUERRA n/a Donald Hafele Cirruit Judge Address Email Clerk_e service mypalmbeachclerk.com Name DOUGLAS A WYLER JAMES CULLEN MOONEY JESSICA NEER MCDONALD EXHIBIT Filing E-Filed AM IN THE CIRCUIT COURT OF THE FIFTEENTH WDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CA FLORIDA HOLDINGS LLC Publisher of THE PALM BEACH POST Plaintiff DA VE ARONBERG as State Attorney of Palm Beach County Florida SHARON BOCK as Clerk and Comptroller of Palm Beach County Florida Defendants CIRCUIT CIVIL DIVISION AG CASE NO I CLERK OF THE CIRCUIT COURT COMPTROLLERS NOTICE OF WITHDRAWAL OF MOTION TO AMEND FINAL JUDGMENT Defendant Joseph Abruzzo in his official capacity as Clerk of the Circuit Court and Comptroller Palm Beach County by and through undersigned counsel hereby withdraws his Motion to Amend Final Judgment DE filed on January See Hasan Lanny No Fla LEXIS Fla notice of withdrawal is sufficient to withdraw a motion prior to it being heard see also Simpson Simpson So 2d Fla 5th DCA withdrawal of a post-judgment motion removes the toll to file an appeal Dated January Respectfully submitted CLERK OF THE CIRCUIT COURT COMPTROLLER PALM BEACH COUNTY By Collin Jackson Collin Jackson Esq FL Bar No Clerk of the Circuit Court Comptroller Palm Beach County P.O Box West Palm Beach FL Tel E-mail eservice mypalmbeachclerk.com CERTIFICATE OF SERVICE I hereby certify that on January the foregoing document was furnished upon Stephen Mendelsohn Esq Michael Grygiel Esq and Nina Boyajian Esq Greenberg Traurig P.A at e-mails mendelsohns gtlaw.com smithl gtlaw.com FLService gtlaw.com grygielm gtlaw.com boyajiann gtlaw.com riveraal gtlaw.com via the Florida ePortal System By Collin Jackson Collin Jackson Esq Page of2 A A 4A E0 A4 DE a qr?q rq qrCX HhL Kg lg d?a d6U a M3 flW y??S m/y t0 I F/Z V/j 1a qC KS u?v vZ O5 a qr rCX qC 0V I I dc rM?M rM 10Cy n??m?n k?o?h I A I w?!ac qr MCX 10Cy ITy qr M3 Ґ??1rA5R h?H?T3P K?z X?K I v"x i X5 EO5 5a r?q CX 9r Cy rq rqC M3 ş?:c p/p0 5H V)V 6T Y2 G5 qrM?r?qr?r9 q?10Cy rCX qr l1 X?l 3K fm?Q Z2f CX CX gT L??T 2E Cy 3P EM3 J4T L?h??M q?ᡚ?Y r??O?rJt CTX i P!e i I CTX rC YY I 1e 2j CTX X0T1i k3v Jh/e0h1 H(K W/Q0 CTX j?!k 5B r2 CTX A A A 4v z"p A A A0A?A AK CTX A A?!k CX qCX YCX i!d A fi8 l8 yuZ 6L pH m?c sP;0 6ZR Ni P0 0Q X(P0s s(s p0 Pp CTX qq dR B/J Va A 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