Gregory S. Muzingo v. Board of Law Examiners

Gregory S. MUZINGO v. BOARD OF LAW EXAMINERS

05-355

Supreme Court of Arkansas

Opinion delivered September 8, 2005

Records - Board of Law Examiners records to be kept confidential - records unsealed and immediately resealed - briefs to be submitted under seal. - Although the records of the Board of Law Examiners are to be kept confidential, where appellant was suing the Board, the parties were provided access to the sealed records, the records were to be immediately resealed, the parties' briefs were to be submitted to the court under seal, appellant was granted, without objection, a ten-day extension from the date of this per curiam to file his brief.

Appellant's Motion for Access to Record and for Extension of Time to File Brief granted.

Wright, Lindsey & Jennings, LLP, by: Eva C. Madison and Eric Berger, for appellant.

W. Frank Morledge, P.A., for appellee.

Per Curiam. Appellant Gregory S. Muzingo has filed a motion for access to the sealed record in this case. The record was filed under seal in accordance with the confidentiality requirements of Rule III of the Rules Governing Admission to the Bar of Arkansas, which requires that the activities, files, and records of the Board of Law Examiners shall be kept confidential except in certain circumstances. See Bar Admis. R. III (2005).

Mr. Muzingo now seeks access to the sealed record in order to prepare his brief in this matter. Mr. Muzingo is a party in this matter, and we grant the motion and order that the parties be provided access to the sealed records, and that immediately thereafter, the records be resealed. See Johnson v. State, 335 Ark. 333, 982 S.W.2d 669 (1998) (per curiam). We further direct that the parties' briefs be submitted to this court under seal, with only the Board of Law Examiners being permitted access to Mr. Muzingo's briefs and only Mr. Muzingo being permitted access to the Board's brief. See id. The information contained in the sealed record and the sealed briefs relating to the Board's activities shall remain confidential until further order of this court. Additionally, we grant Mr. Muzingo's request for a ten-day extension from the date of this per curiam to file its brief, to which the Board does not object.

Motion granted.