CLERK PM Joint Exhibit 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 H?o I Idc rM?M rM 10Cy f헊?f?Tz e?e:Aa 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 y!k N?M??N rC f?Nla3 Yz N?q qr NEeD K?i N?M?qr EeD k??O d6 I I i i CTX GH FT I CTX U3 U3 U3 U3 S6 E"L I I I5K7C:I 9O U3 Cn qrr qr q??r?q 9qr CTX G5 qr CX rC l0 WS zN pf1 ODV8L?m jC1DxV CTX CTX A qr 10Cy rYY Ң??P?V CTX C"C rqM?rq?q?qr qr CTX YY Jb?C.y CTX CTX GG4 A A G5 C.C M??r 10Cy rq YY C?J?yO c/XE?lgF GM??H p?ݡG Dp9Oh CTX CTX CJ4 I J6 CJ4 CK qrrM?q qq 9/CX?o CX qYqr rC dd?Z c6S ttcx A CTX CTX 10Cy rq rqYY X?qiX:4 3J Db ZH uD-8 1g?BH I vS 7Oo7u E?K?O J6 UJP U0 UT??ʴ UT UT UT O(p U(u UF1 iZ qr?r CX CX Yr zKW:E A K5M P-M UW VW L1J KJ56 N/Q SQ rC 6J ߵl ߵl 5TZ w8ĥDG oj?K _4 N)?Y Hp pRqc?W26 vz?WBrz?ZB??3X H4 CTX A CTX X4 U5 P8 5D qr qr 10Cy qr YY Mo?ANp D01jJ 9F bzEV 4O 8V CTX O!o CTX KK AA qr A C5 qr rYY 1A?CC V9 a c?F CTX A G5 qr EeD?M CTX 9?rY 10Cy rq qY ȠX1 a f??B CTX 9F I CTX 6D N?qr rrqq qC O?J RmA??b"0 M?.F q?D B?G CTX CTX F4 d6P A F4 qr rYY 4G AV8 CTX UY UL0 U0 U0 U0 UF UF UFAGA UA UA UAL UL UL UL UL UL UL U7 U7 U7 U7 U7 U7 U7 2EH GTU U/U OUoU UV G1 CTX TUV 1G 7A UA UAL X7 U7 U7 U77XL UL UL ULLYX KTX 8Y GJ A UMAT UD 7M GVW GF10 MWA LL MPM M?M 4M XY qr qr qr NEeD 10Cy qYY E2 GH l1 Pd h3V g?KIq V5kL O65S d_xKKU vV 5H p1 Z6 CTX U0 U1 CTX U0 U1 A0 1D qr qr 10Cy YY K??Kl 1B AMwv 1K F1 KV yW Gd T?H CTX CTX I CK M?qr K?SK?PQZ I IRZX 8YCX 10Cy qr CX kv zg S5kB??a iG wA CTX U2 6Y CTX U2 6Y I K,,j j,s 6Y P!p qr 10Cy qr YY G?O 9K mSd X0 9r?yal 1d bY0 XNf??qN D?J CTX P!Z b!o C,C qrM 10Cy qr8 I fX2 9R lO KV CTX Oo CTX A qr r?qr rq YY Lsy7H4 C,6E IL CTX U3 CTX J,O3_3xx qrM?r q?CX Y9/C 9CX CTX Y10Cy CX CX CX YC YY FV uTl bEWa ȓjJ-8 Gc G??Q9E 9Wq CTX CTX Up i I A 9_ qr qr YY D.X 7s F??Y bc3_c iH CTX CTX A qr 10Cy YY EMq 7H AY mK9Z BY A2 P6L N7 CTX CTX a I I i qr rC CTX CTX 7O I FMM qr qr i I I3 CTX Z6 I L(K4 P:u Z6P CTX y8 SUMMARY OF THE CASE AND ITS CURRENT STATUS The Newspaper filed its complaint on November seeking disclosure and I production of documents exhibits testimony transcripts audio and visual materials and all other things 223the Materials presented to the grand jury in proceedings instituted by the State Attorney for the 15th Judicial Circuit in arid for Palm Beach County Florida 223the 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 Sheriff 2s Office DE Count of the Newspaper 2s 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 2Mr Epstein That count also seeks a declaration orderingdisclosure of the Materials 223pursuant to the court 2s inherent authority over grand jury proceedings because of the exceptional public interest in this case and the compelling circumstances supporting transparency Amended Complaint,J PRE L1MIN A PROCEDURAL ISSUE The court notes that the only other defendant in this case the State Attorney has been dismissed aiid there 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 emphasis added Urg Tr at BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM SUMMARY OF THECASE AND ITS CURRENT STATUS The Newspaper filed its complaint on November selking disclosure and i production of documents exhibits testimony transcripts audio and visual materials and all other I things the-Materials presented to the grancf jury in prQceedip.gs ihstit 265ted by the State Attorney for the th Judicial Circuit in and forFaJm Beach County Florioa the State Attorney which resulted in an intjictment of ffrey Epstein for one count oCF lony SoliGita on of Prostifution,No and a subsequent charg of Procuri_ngPerson Under Age i8.fot:f rostitution In both cases oil June 267ibos Mr Epst_ei_11 plea_cfrc:l to tlie_ ch.arge_ gfProc 265ring Pe_rson 265nder Age_ for Prosfrru,JiQ_lJ,_ Ile was sentenced to months of tommunity torttrol in the custody of the Pal.1 Beath County Sheriffs Office D.E Ii j2 b.E Cou.11t of the_ Ne.wspag_e_rs cornp!aint see_ks a declaratory juc:igment that_ seGti_on I Florida Statutes should be interpreted to permit disclosure of the Materials to the Newspctper so that it may the_n re_port on their content as part qf it cont1nued investigation and reporfing,of matters relating to:Mr Epstein Jhat:coont also seeks-a de 267claration ordering disclosure of the Materials pursuant to the courtsJ inherent authority over grand jury proceedings because of the e_xcept onal pubiic 1JJterest in tbis a11d the cornpt!ing cirGvmst nces supporti11g transparency Amendecl Complaint PRELIMINARY PROCEDURAL ISSUE The_ court notes that the onJy other detendant in this cas_ the State Attorney has been dismissed arid there liave been no attempts to intervene.in this case to take a position against I I I to make 267thatclear 267fron1 the outset that them will be whole!.;ae turning over of any records if ancl again that is a ig11.ific::tni w.o.r I i_f the production is orde_reo Hrg Tr _at emphasis added CA/Aropfl:ffl5?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM disclosure The clerk 2s 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 heeds 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 court 2s direction once confidentiality is determined The clerk 2s 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 223motion seeking disclosure Fla Gen Prac Jud Admin Rule Accordingly the court will treat the Newspaper 2s complaint and motion for summary udgment as a fnoti on 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 I i Rule requires a party seeking disclosure to serve the motion all parties and reasonably affected hdn-parties Of course that did not occur here and would have been impossible to carry out as 223reasonably affected non-parties cannot be determined without actually seeing the Materials Because the court is denying the relief sought however this issue is academic I CA/Aropft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM disclos Tbe-cle sjtion isthafhe is erely the 265stodian of the MTerials a a such.he has no real mterestm the issues before the court as identified The clerk only needs d1rection from I the court on whether or not he should produce and disclose the Materials Nonetheless the clerk I has zealo 265sly advocated the position against disc:losure based upon grand jury secrecy and I con:fi dentiali ty because tinder Ru xvi of the Florida Rules of General Ptacti ce ancl Judicial Administration the clerk is reqt1ired t9 majritafo the config ntiality of grand jury records The cletkis cotYectthat his role as custodian of the Materials is orily to follow the courts ciir c:tion opce confiden:tiaffty is deterinil eci The clerks roJe in this prQceeding ha.s been complicated or expa11ded beca:use the Newspaper filed this action.as a civil dedata:toryjudgmertt action and has moved for summary judgment under Florida Rule of C1viL Procedure lfoweye,r the Pfoper procedure fm obtaining djscl osure of c::onfi depJial cot1rt records is set forthi Florida Rule of General Practice and Judicial Administration which only requires the filing ora motion seeklng disclos Fl Gen Prac fo A imin R;ule Accordingly the ourt will treat the Newspapers complaint and I motio_r1 for 265mmary judgment as a inotiori fot disclosure under Rule2.420Q As a result the couttneed.not determie as a matter of law whether the cler pf the cqurt a proper P,lirty defendant to a declaratory judgment action.for the;release of grand jury records Although the clerk of court is the proper i Rule requires a party se.eki11g disdosure to serve the nrntion on all parties a:nd reasonably affected hon parties Of course that did not occur here fuid would have been impossible to carry out as reasonably affected non-parties cannot determined without ctu a.!Ty eing the Materials Because the court is denying the relief sough however thi issue aGa4em1c I I CA/Ar"Jl!J:m5 ild:M BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM subj ect of any order directing the release of protected grand jury records issued pursuant to Rule under the rule if is not a 223defendant or 223party in relation to the requested itself The court 2s determination to treat the Newspaper 2s 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 First the argument of whether section creates a private right of action was already substantively addressed by this court 2s Order dismissing Count II of the Amended i Complaint D.E Second the;court sees no reason to question the Newspaper 2s standing to bring a Rule motion which is available to any member of the public seeking access to records of the judicial branch Fla Gen Prac Jud Admin a i Lastly even in treatingthe 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 I 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 Justi ce by and through the office of the United States Attorney for the Southern District of Florida obtained the Materials.3 The i This fact is established by Exhibit to the Newspaper 2s motion which is the United States Department of Justice Office of Professional Responsibility Report 223Investigation into the Attorney 2s Office for the Southern District of Florida 2s Resolution of Its Federal Criminal Investigation of Jeffrey Epstein and Its Interactions with Victims during the Investigation 223the Report TheReport makes references to the fact that the federal government obtained and reviewed the Materials See the Report at and BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 265bjectof ny orcler ciirec::ting the release ofprotecteci.grandj r:ec:ords_ is.sueci pursuant to Ryle under the rule it is not a defendant or party in relation to the uested itself The courts determination to treat the Newspapers claim as a itule motion I I resolves another issue as welL The Newspaper devo significant arg11me11t to.its s_fanding to prosecute this action_ arguing that sectibri it with a private right of action Motion I First the argument of whether section cr ates a priv ie right:d action was I already subsfantiVely addressed by this courts Order dismissing Co.un Il of the Amenoe.d Complaint D.E Second the court Sees ho reason to question the wspa.per standing to I l;,ri11g Rule motj_QI whic:;b is avajlaple to meml;ier oft.he 265plic s_eeking acc:ess fo I records ofihe judicialbtai1ch Se Fla Gen Prat Ii.Id Admin a Lastly even in treating the complaint and motion for summary judgrilent as a motion under I Rule i then are no disputed fac;t iss andthe iss before the cbuJt are issues oflaw I Accordingly this is a final judgment THE UNDISPUTED FACTS The facts germane to this final jlJdgment are not in dispute and ar 242Counted here The grand jury was convened in ptoceedins;s instituted by the State Attotp.ey regarding alleged criminal mJs ontl of a sexual n;1tt1Te by Jeffrey E:pste1n now decea:sed Materials were presented to the grandjuty The United States Department of Justice by and through the office of I the United States Attorney for the Southern District of Florida obtained the Materials The I This fact is established by Exhibit fo the NewspaperS motion Yhich is the Un:ite-d States Department of Justice Office of Professional Responsibility Report Inve tigation into the U.S Attorneys Office fot the Southern District of Florida Rescihition of Its Federal I Criminal Investigation of Jeffrey Epstein and Its Interactions with I Victims during the Investigation Nov the lleport The Report rnakes refererwes the fa-ct that the federal government obtained ancl reyi_ wed the1 aterials See the Repor:tat and I CA/Aro ifl5 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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 regardi ng both the I interpretation of section and the 223inherent 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 I engaged in criminal sex trafficking of minors among other crimes The public record establishes4 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 I 225guilty 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 Jail5 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 ail cell Sec the Report referenced in i supra Id CA/ArOpft ffl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ne_w-spaper operates and c_loes business in Palm cb Co 265nty florid.a J:he clei:kis a el_ecte_d governmental official 267and he and his office have custody of the Materials ANALYSIS The Newspaper appears to have presented questfons of firstim:pressio11 regai:ding both the I interpretation of sectibh and the inherent authority of the court Those questions also implic lte isst1es ofconstitutional import regarding the historic tension l;Jetwe_en grandjury secrecy and the First Amendment Add_itionaUy the Newspaper presents these questions in the _context of I genuine.subjects ofpublicintetesuind concern tegaraingthe _prosecutorial P;roces 267sofMt Epstein I Mr Epste_in was a perscm of grnat weal.th anq inflqenc::e a,c_;cused of beiq c:t sex preqator who engaged irt criminal sex trafficking ofmirtors among other crimes The public record establishes that Mr Epstein entered into a Jetferal non-prosecution agreement with tbe United States Attorney for the So_11thei:n District of Floncia exchange for a guilty plea in.the then 267ending:state court case to one count ofptocuring a minor for prostitution for which he served less than a year in work-relea,se inc::arceration atthe Pa1P1 Beach Cc;mnty Ji;_i.il Mr Epstein was federally indicted in by the_ United StaJes Attorney for the So 265them District of New Yotk fot the same type of conduct during the time-span preceding the I state indi_ctrnent i;_i.nd the po-prosecutio11 agreement Qegotiated with the federal prose_cutor I I Mr Epstein was never brought to trial on those chatges having coqimitted suicide in his NewYorkjail cell See the Report referenced in supra 5Jcl CNAropffE hfM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM In this Order the court rules against theNewspaper because the established and binding maxims of Florida law constrain it to do so As noted below federal courts have departed from i the limited prescriptions of Federal Rule of Criminal Procedure in granting access to grand jury records in 223special circumstances E.g In re PejUion of Craig F.3d 2d Cir recognizing 223that there are certain 223special circumstances in which release of grand jury records is appropriate even outside of the boundaries of Rule Florida.law however has yet to recognize such flexibility under either section or Ruie I A Section and the phrase 223furthering justice The court first addresses the issue whether the Newspaper 2s claim fits within 223the purpose of furthering justice under section The full text of sections arid 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 petjury 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 of the court in which such criminal case is pending and by the prosecuting attorney to his orjher assistants legal associates and employees and to the defendant and the defendants attorney and by the latter to his of her legal associates and employees When such i CA/ArOpfi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Ln this i:dei th cot1_1t.ru agai1;i_st the Newspaper be ause tb.e esjt:al?Ji hed iind b_inding maxims of Flonda la:w consttrun it do so As noted below federal Cbu1s have departed from i the limited _prescriptions of Federal Rule of Criminal Procedure in gr nting access to grand jury records in spedal cir.cumstan.c E,g In re P,,e,tition _of Craig 3d 2d CiL recognizing that there are certain special citcumstances in which release of grand.jury records is appropriate even.04tsiqe the bcmndanes ofRule Fforida.law howeye.r has yet torecogni such flexi_bilityunder eitber orRule2.A20G A Section and the phrase furthering justice Tl co4i:t first addrns.s.es the issue whether the Newspapei:s clajm ti s-wj_thin he 265rpQse of fonh 267eringjustice Uridet section The foll text of s:ecti,ons a:rtd provide context lJ A grand 265ror s_fate i:lttomey as.sis.tant attorney porter stenQgrapher interpreter or any other pe:rson appearing hefore the gran jury sha:11 not disclose the testimony of a v.itness examir1ed before the grand jury or other evidence received by it.exceptwhen required by a courttodisdose the testimony for the purpQ of a AKertaining v.ihether it is consistent with the testi1ony given by ihe witn.ess before the court I Determining whether the v.,itn ss iS g4ilty of rj or Ft1rtheriilg Justice It is unlawful for any person knowingly to publish 267broadcast disclose divulge or.communicate to any other person or knowingly to cause,or permit to he published broacica_st di5,cio5,e_dzdi:vulgeq or cpm_municate.d tO cny o_thir perso.n in any manner whatsoever any te timony of a witness examined before the grand jurYi or the content gist or import thereof e.tc_ept whe11 such testimo11y is of haS been disclosed in a irt proceeding When a court orders the dis lo ure of such st1mqny pur.su nt tQ ubse tion I for use in a criminal case it be disclo ed to the proS,ecuting attorney of the co in which such criminal case,.is pend1ng and by the prosecuting aftomey to his orjher ass1stants 267egal associates and employees and to the defendant and the defern;Iant!s attorney and by the latter to his or her legal associates and employees When such I CA/Aropiftfu?9 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 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.andfor noother purpose whatsoever Emphasis added Reading subsection 223furthering justice in tandem with subsection it is evident that the phrase 223furthering justice is to be interpreted in the context of seeking disclosure of grand jury materi al for use i a pending criminal or civil case The Newspaper acknowledges that it is not seeking disclosure of the Materials for such a purpose Amended complaint Motion I Instead the Newspaper advocates a more expansive interpretation of the term 223furthering 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 ofthe Materials not so imited by secti on Id The Newspaper wants the ability to publish the Materi al and reference them in its reporting and also to make the Materials available the public Amended Complaint prayer at Motion i6 The Newspaper makes strong arguments to advance its more expansive construction of section as part of 223furthering justice Unquestionably the established matters surrounding Mr Epstein 2s 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 223furthering justice in the broadest social sense of the phrase Yet the court 2s interpretation of the scope of section I 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 223innocent parties Amended Complaint Motion such as identities of CA/AroPteb BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM d_isd_osure is ordered by a court pursuant to subsection in a cfviJ tase it may be disclosed fo all patties to the ca:se and to their attottjeys and by the rattet to their legal associates and employees However fhe grand ry testimony afforded such persons by the court can only be used 1n defense or prosecution of the civil or crlminal case and for no other_purpose 267jvhatsoever Emphasis ad.ded Reading subsection I furthering justice trt tandem with subs ctiort it.is evident that the phrase 260furthering justice is to be interpreted in the context of seekin di sci osure of grand Jury materials for use in apending criminal or civil case T:heNews,paper acknowkdges that it is not seekihg disclosure of the Materials for such a purpose Amended complaint Motion I Inste 1d tlw Newspaper advocates a 19re e.,xpansive interpretation cf the term furth ri_ng justice and also posits thatbecaus 225eitis:not seeking disclosure:ofthe Matefralsfor use in,a.crilninal or civil case it seeks an additional declaration that its intended use ohhe Materials is not so lilnited by section _cf Ihe Ne-Wspaper wants the ability to p11pJi_sh t.be I 1ateriais aud reference thein in its reportiilf and also toJrtake the Materials available fo the public Amended Conwi1 prarer at Motion iJJ i The Newspaper makes strong arguments to advanc_e its more expansive constrn_ction of section905.27 as part of"furtheringjustice Unquestionably the establish matters surrounding ML Epste_ln.s conduct th c;irc 265mstances ofbfaresQlution oftbe state cbai:-ges and potential federal charges a:nd his guilty plea 267and incarceration are matters qf public interest and I 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 ope of section I I The Newspaper concedes in its submissions thatthe court could first condubt an in camera review of the Materials a11cl redact any information the court deeros sensitive I sue as identities of inn_ocen.t parties Ame.nded Compl 1int Motion rso 7J I CA/Arof BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I and of the phrase 223furthering justice is governed and constrained by the established rules of statutory construction i i I In interpreting a statute the court must.respect the role of the legislature the legislative process and the language of the statute court 2s function is to interpret statutes as they are written and give effect to each word in the statute State Sampaio So 3d Fla 4th DCA quoting Fla Dept of Revenue Fla Mun Power Agency 2d Fla 223When legislation is clear 221our task is to apply the text not improve upon it Kaplan Epstein So 3d Fla 4th DCA quoting Pdvelic LeFlore Marvel Entertainment Group U.S is pur 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 hi re Investigation of Circuit Judge of Eleventh Judicial Circuit of Florida So 2d Fla 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 223furthering justice as used in subsection cannot be read in a vacuum without regard to the entire text of the statute and particularlysubsection 223Every 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 Irie So 3d Fla 4th DCA quoting Fla Dept i of Envt Prot ContractPoint Fla Parks LLC So 2d Fla quoting Forsythe Longboat Key Beach Erosion Control Dish So 2d Fla I CA/ArOpft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM and of the,_phrase 267ft1Jiheri ng:jllstic;ei is governed and c,on_straiQed by tb est bii_she_d rule of Btatufory constructiorr I I I In interpreting a statute the court must respect the role of the legi lature the legislative process and_ the language of tbe statl!te A com:ts func_tion is to1nte_rpret statutes as they are written and.give-effect to.each woro in the statute State San1paio Jd Fla th DCA quoting Fla Dept of Revenue Fla Mun Power Agency Fla When legislation is clear oudask is to apply the text iJ,Ot improve up:on it Kaplan i Epsteiil So Fla 4th qubting.PaveHc LeFloYe Mar11e Ent rtai1e11tGr9uA lJ.S If.is c;g rts d_uty interpret the law c1_s givei1 us by the people in the Constitution or bytheLegislature We a:re hotj:ietrtritted to substiti.Ite judicial cerebration for Jaw or that which we think the law should be and command thaLit be enforc:ed irre h1vesjigati_m1 of Cirr:_idt Judg ofEl?ve,al-rJw!fciql Circ11it ofFJq,-ida So Fla As courts we should never forget that in construing acts ofthe legislature we re c:onc:erned oniy with the power of the legisfa_tu,re to enact ih l11w Qur pe uliar 9ci nd e.conomic views have no place in SllCh a consi:d_eration Tys!Jl Lanier S-o 2d Fla Tuniingto sect19n tbe telJll furthering justice as used in sub,sectior.r cannqt be read i rt a va:cuum wi thouf:regard to the entire text of the statute a:nd parti cul arl y,sub ecii on Every statute must also be read as a whole with meaning ascribed to every portion and due rega:rd given to the semantic and c;ontextual interrelationship between ts pans Indian R,iv Coit1ity11 Oc.eai1 Concrete lite So Fla 4thDGA quoting Fla:.Elept i ofEnvtl Prat ContractPoint Fla Parks LLC So 2d Fla 265oting Forsythe Longboat Key Beach Erosion Control Disi So 2d Fla i I I I CNAr"JlffljO l?i i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Subsection clearly limits section 2s 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 heeds 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 material in any Situation that might bear some relationship to 223furthering justice in its I broadest sense Accordingly the Newspaper 2s argument that section and the term 223furthering i 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 court 2s 223inherent authority Alternatively the Newspaper argues that the court has 223inherent authority to order the release of the Materials At several places in its submissions the Newspaper asserts its 221right or 223entitlement to disclosure of the Materialsunder both section and the court 2s 223inherent authority and supervisory powers Amended Complaint Motion There is however no First Amendment right to the disclosure of grand jury materials settled proposition one that the press does not contest i thi there is ho First Amehdment.right of access to grand jury proceedings In re Motions of Dow Jones CCo F.3d Cir cert denied subnom Dow Jones Co Inc Clinton U.S accord In re Sealed Case F.3d DC Cir The Newspaper provides several passages from state and federal cases generally recognizing a court 2s 223inherent authority Motion The Newspaper also cites several i CA/Arcp BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM 265bsec::tion dearly limits section _sc:ope to those insUlnce_s in wliic;h gnu10 testimony or materials need to be disclosed for us.e 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 I I open to unlimited dissemination But before that Occurs the court must de e.rmine that one of the three needs ptescribed in subsection is present in a chni1t1l oi ci.vil cc1se that requires 267di_sclo,s 267there nothing in sec:tion905,27 that gives court carte blanche iJthority to release grand juryma:ierials in any situation that might bear some relationship to fdrtheringjustice in ifs I broadest sense I Acc:ordingly the Newspapers a,rgunwnt tha,t section and the tenn furtJu ring i justice permits di sci osure of grand jury materials in the si tuatior1 must be denied here where there is no criminalor civil case in which ibs to be used Tlie ourts inherent authority Altemative!y the Newspaper argues that the court has inherent authority to order the release of the Materials At everal plilc:e_s in its subm1ssions the Newspaper asserts its righf or _entitlement to disclosure of the Materials under both section and the courts inherent I i authority and supervisory powers Amended Goinplaint,i Motion i LU There is howeyer IJO First A.me11dn1ept dght to the dfac::lOs1,1re of grnnd jury rpateri;i_ls A ttfed proposition one tharthepress does not contest is this therejs noFirsf Amehdment:rightof access to grand jury proceedings Jn re A1otions ofDow Jones Co F.3o D.C Cir c;ert rfenfed s1 nom Dpw J01res Co Inc Q1int9n US accord In re SealedCase D.G Cir I The Newspaper provides several passages from state ang federal cases genen1fly i recognizing a co.mis irihetent authority Motion i The Newspaher also cites several I i CNAroi:tW:ffb?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM federal cases in which grand jury materials were disclosed yet those cases substantially turn on Federal Rule of Criminal Procedure which governs disclosure of grand jury materials and contains provisions notpresent in Florida statutes and rules Motion The Newspaper also references the recent example of a Kentucky state court releasing portions of grand jury testimony in the Breonna Taylor case under Kentucky Rule of Criminal Procedure which gives Kentucky courts broad unrestricted authority to any time direct otherwise regarding disclosure of grand jury materials Motion 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 223inherent authority to re ease the at eri al A court 2s 223inherent authority has its boundaries 223Fjf 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 Santiniv Cleveland Clinic Florida Sb 3d Fla 4th DCA finding that trial court erred in relying on inherent authority instead of sanctions statute a contest between a clear valid unchallenged statute and a trial courts general 223inherent 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 i 223inherent authority to order disclosure ofgrandjury materials in the face of section which I governs and enumerates the circumstances under which grand jury materials may be disclosed CA/Aropf BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM eder,al cases in vh:iG grand 265rymaterials ere disclosed,_ yet lhose c,:asel _su stantiaJly tl.lm on Federal Rule of Cnrruna:I Procedure which governs disclosure of gra nd Jury matenals and contains provisions not:present in Florida statutes and rules Motion i The Newspaper also references the recent example of a_Kentu.cky state cou_ri,releasingportions ofgrandjury tesJiill"ony itL the Breonrfa Taylor case under Kentucky Rule of Crimitial Proceda_te which gives Kentucky COtJrt road unrestricted auth,;Hity to lny time direct otheiwise regarding disclosure of grand jury materials Motion i,i Finally the Newspa;per cites ln re PetitiotrofCia l3i F.3d 2dCir in which the courtthere 225setfotth a number of factors to consiqgr detefl11ini11g whether 265qper fe eral law cll nile a fed.era cou_rt may reiec1se gra_nd j1.ny materials fat reasons other than those enumerated in Federal Rule of CfimirtalProcedure The Newspaper argues that this court shoufd apply these factors in exercising its inherent authority to rel ease thed 274ateri is A courts inherent authority has jts boundaries If a specific statute of rule applies the trial hquld reiy on the applic;:able rule or stat11te rather than on inherent authQriN Moakl yv S11_1allwood So Fla addressing i nhereqt authority to sanction attorney mi 267scortduct accord SanthiI i1 Cleveland ClhlicFlorida So 3d J8 Fla 4th DCA 6nding thal trial cou.n rred in re yi11g on inherent authority 11:ist of sa1wttons tat In a contest between a clear valid unchallen 267ged statute and a trial courts general inherent authority the statute must prevail Sivearingenv Pretzer So 3d l08A Fla fst bCA 2Q2P I elsey,T dis_senting The Newspaper has provided no Florida authority holding thatia trial 267court may tfse its I foherent a,4thoritf to order disclosure of grand jury material inthe fa Ge section which I governs and enumerates the circumstances under which grandjury mater als may.be disclosed CA/Aro l8tfo?i BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM Again the court acknowledges the Newspaper 2s vibrant and sincere arguments for seeking disclosure as a matter of public interestandin 223furthering justice in thebroader sense of the term i 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 223furthering 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 Enforcement 2s motion for disclosure of the same grand jury materials at issue here Although the term 223furthering justice seems quite broad the history of the exception in both common law and modern case law establishes that the exception is actually quite narrow it does hot encompass any reason that could 223further 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 party seeking disclosure of grand jury proceedings must make a strong showing of a particularized heed in ordeftb outweigh the public interest ift secrecy citing United States Sells Eng 2g Inc U.S emphasis added Such a showing must be comprised of 223more 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 223essential to the attainment of justice Brookings So 2d at Minton So 2d at This court reiterates thatthe term 223furthering 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 2not been made here CA/Aropj BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM gain,th:e court acknowle the New papers v.bra nd inc.ere arguments for se,eking disclosure as a matter of public mterest;and furthenngJustice the broader sense of the term I I Nonetheless nder fundamental principles of separation of powers cdurts cannot judicially I alter the wording of s_fatutes wherethe Leg1siatur:e clearly has notdone s.o Fla_ _Dept of R,eve.r.1u So 2d at Even if furthe,ring Jl!Stlce a,s stated in ti"on cqqld be extend.eg beyond the specific..situations pr:escrib:ed bythat statute still the court cam10t do so hei:e The court notes the I Order issued b,y thiscourt The Honorable Krista Matx iil StateofFlotJda JeffreyEpstei1t so Order in vllich tl1e COl1 denied the Flqrig Depa:rtni.ertt of Law Enforcenients motion for disclosure of the same gra:rtd _jury materials a:tissue here AHho 265ghJhe tern1 fm:tJ-rerjrigj 265stic,c see.ms quite-broad th history oftbe exception in both common law and.n1odern case law 267stablisheitha:t the:.excepfion is actually quite narrow it does hot encompass any reason that.,could further justice but rather requires the showing of a particularized and compeliing.need Vhich ou.t 245eigh_s anyinterest in inta,ining ecrecy nd ca,nnotbe tisfied in another rnapner Brookings St So 2d fl hoiding that a party se:eking disclosure of.grand jury proceedings must make a strong shcnvirig of a particularized need in otder;to outweigh the public interest in secrec;y citing UnltedStates SellsEngg J11c U.S emphasis aqdec_l a sh9wing be compri ed of th.an a me.re sqrmise or peculation lviinto.n So at If a __ pauy makes this a.showing then th trial cot1.rt may exa,min the grand jury testilTiony in camera and m:al a determination its materiality Id Disclosure should then be pennifted only if essential to the attainment of justice BrookiHgs 2d at Miiltoii So 2d at This courtr.eiteratesthatJhe term furtherif!g ustice as recognized in the foregoing quote still tequifes the showing of a particularized and compellirig 267need which outweighs any interest iri maintain1ng secrec;y and cannot be satisfieq in another manner The court also finds that sqch a I showing has not been made here i I I I i I CA/Aropft:ffl5 A.L BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I It is true that 223furthering justice is an amorphous term which can be read to support a broad range of justifications for disclosure Black 2s Law Dictionary offers several contexts in which the term 223justice has been defined Id 11th Ed It may wellibe that the:disclosure I of Jeffery Epstein 2s grand jury records could reveal that fair treatment did riot occur and that Mr Epstein might have escaped appropriate punishment through some failing of our justice system However the public 2s generalized interest in investigating that potential injustice must be considered and weighed against the specific policies in favor of grand jury secrecy 227policies that i preserve the safety of grand jurors and witnesses and encourage their frank and unhampered I testimony in all cases submitted to grand jury See Grand hoy Fall Term A.D City of St Petersburg Fla So 2d Fla 2d DCA citingMinton State So 2d Fla Here the justification for disclosure is derived primarily from the notoriety of the accused and the public suspicion of unfair treatment If that alone were enough to compel disclosure of grand jury records it could have.an unintended chilling effecton 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 court 2s 223inherent 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 i 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 i interpretation of the 223furthering justice exception,the limitations of section and the limits of a court 223inherent authority Until that time this court is bound by the fundamental doctrines I BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM It is tnie-that 265rthering justicei is arnQrphous term wbiGh ca1 be read to suJ port a broad range of justifications for disclosure Blacks Laiv Dicti011ary off eh several contexts in I i which the term justice has been defined Id 11th Ed It may wel be thatthe disclosure of Jeffery Epsteins grand:j_ury re or:ds co reveal that fair treatment did ot o.cc.ur and 267thatMr Epstein:,might have escaped appropriate punishment through some failing of out justice system H9wevei the ptibhc generaiized interest in investigating that potential injusti must be considered and weighecl against the specific polieies_ in Javor ofgrandjury secrecy:_policies that i I preserve the safety of grand jurors and witnesses and encourage their frank artd unhampered I I I testiffiony in ali cases l.bmittep t9 grand jury S?e Cirancl ly Fali Tern A.D City of St Petetsb.1itg Fla So Fla 2d DCA citihg;Mi!it0t1 SiatJ So 2d Fla Here thejustification for,disclosureis derived primarily from the notoriety ofthe accused ancl the pubiics suspicion of 265nfairtreatment Iftfrat aione were e_n_ough tq compd cliscl.osure of grandj uy records it could have.an unintended chilling effect on witnesses jurors considering the in4ic:tment of owerftd 1ndividu.als in futvre wand jury proG edings In any event the Newspaper in the pr:esent ase has fail:ed to establish aparti_cularizeii ancl cpmp el:liug nee.d hich outweighs a,ty interest in-maintaining grand jury secrecy precedent or statutory mandate simply b.e-cause it finds the underlying cause p-articula:rlyworthy Perhaps the cireumstances presented above will induce the Legislature to ar end section to i grant tbe co.urts additionai authonty or leeway 1n ruling on unique as.es s_uch as thfs one Alternatively an appeal of this order might persuade a high et court to est blish a less restrictiv;e I interpretation ofthe 265rtheringj 265stice exception the limitations of sectio and th limits I of a courts inherent authority Until that time,_ this court is bound by the fundamental doctrines I CA/Am Pcffls?iJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM of statutory construction separation of powers and stare decisis to rule according to the law as it i exists today I I CONCLUSION Based upon the constraints imposed upon this court by section the court has limited 225authority to order the release of grand jury records No matter how palatable and persuasive the Newspaper 2s arguments may be the court cannot exercise that limited authority here Nor does the court 2s authority permit it to broaden the statute 2s 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 Comptroll er 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 afinal appealable judgment DONE and ENTERED in Palm Beach County Florida _lAA-JDonald HafelG ClrcuitnJudge Donald Hafele Circuit Judge Name Address Email n/a CYNTHIA GUERRA n/a Clerk_e service mypa mbeachclerk.com i CA op BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM of statutory construction separation of powers aT1d stca 267edecisis to rule a Trgipg to the law as i.t i exists today I CONCLUSION I Baseduponthe constraints irnpos_ecl l!pon this c9urtbysec;tion 905,27,thec:ourt hasJ1ntite_d authority to otdet the release of grand juty records No matter how palatable and persuasive the Newspaper arguments maybe the collrt cannot 267exercise that limited authority here Nor does the courts inh 267erent authority permit it fo broaden the statutes limits The cour comrnends both parties attorneys for their exceptional oral and written presentations AGGordingly is hereby ERED aQd ADJUDG;E tp.aJ finw h1dgrnen,t hereby entered dismissing 225this ac;tion in its e11tirety Defendant JosephAb:ruzzo iri,his capacity as Clerk of the Circuit Court Com ptroffer for Palm Beach County shall go hence without day The court reserves juri_sdiction t9 267eotert,:iin ny motion fj_ied 265oder Flo_ri_da Rli es of Civil Procedure This isa ffnal appealablejudgrnent DONE nd ENTERED in Palm Beach County Florid.a Name CYNTHIA GUERRA n/a D.onald Hafeie Circ:uitJud Address Email Cler _e I service inypalmbeachderk.coin I I CA/Aml fl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I Name Address Email GATEWAY BLVD SUITE i DOUGLAS A WYLER FERNANDINA BEACH FL dpug.wyler comcast.net JAM ES ULLEN MOO NEY n/a jmoohey bajdcuya.com Iheckman baj6cuva.com JESSICA NEER MCDONALD POST OFFICE WEST PALM BEACH,FL33401 CLERK_E SERVICE MYPALMBEACHCLERK.COM jnmcdonald mypalmbeachclerk.com ktu rkel bajocuva.com DOUGLAS A wYLER JAMES CULLEN MOONEY JE_SSICANEER MCDQN_ALD
