The Arkansas Department of Human Services filed this paternity suit on behalf of Brenda Elliott, the mother of the child, and asked that Robert Hardy be found to be the father and that he be ordered to pay past and future child support. The chancellor heard the proof, decidеd the case, signed a final order setting out his ruling, and, in a second order, decreed that the final order was sealed. The Department appealed to the court of appeals. The court of appeals questioned whether it had jurisdiction and certified the case to this court for an interpretation of the various rules. We remanded the case for the parties to brief the issues of whether the chancellor validly sealed the final order and whether the appellate court obtained jurisdiction. Arkansas Dep’t of Human Sеrvs. v. Hardy,
The initial issue is whether the trial court entered a final order so that we have appellate jurisdiction. Rule 58 of the Arkansas Rules of Civil Procedure рrovides that “[ejvery judgment or decree shall be set forth on a separate document. A judgment or decree is effective only when so set forth and entered as provided in Administrative Order Number 2.” Administrative Order Number 2, in the material part, provides that a judgment or decree shall be “filed in the folio assigned to the a'ction and shall be marked with its file number.” Rule 4(e) of the Arkansas Rules of Appellate Procedure, which concerns the time for filing a notice of appeal, provides that an order is “entered” when it is “filed with the clerk of the court in which the claim was tried.” The date a judgment is filed with a court clerk is denoted by the clerk marking or stamping the date and the word “filed” on the document. See Shaefer v. McGhee,
The final order in this case was set forth on a separate document as required by Rule 58. It contains the casе number on the front page as well as the date the judge signed the order. It was filed with the clerk, and the clerk placed it in the folio assigned to the action, as required by Administrative Order Number 2. However, the clerk did not separately mark the final order because it was sealed in the envelope. Instead, the clerk taped a copy of the second order securely to the sealed envelope containing the final order. The second order provides: “The [final] Order made and entered by this court on the
The issue is whether the final order was sufficiently marked by either the chancellor or the clerk to constitutе entry. The clerk placed her filemark on the second order and then securely taped a copy of that second order onto the face of the envelope containing the final order so that there can be no doubt about the authenticity of the finаl order or the date it was handed to the clerk for placement in the folio. Consequently, we hold there was a sufficient marking of the final order to constitute an entry for purposes of this appeal. This holding is limited to the facts of this case, and, as can be seen from thе next section of this opinion, it is a problem that should not arise again.
The foregoing issue came about because the chancellor sealed the final order, and, contrary to the arguments of both parties, we know of no authority for the sealing of a final order. Onе of the basic principles of a democracy is the people have a right to know what is done in their courts. Correlative of this principal is the vital function of the press to subject the judicial process to extensive public scrutiny and comment. See Arkansas Tеlevision Co. v. Tedder,
There is no rule providing for secret final orders, but parts of files may be sealed, and some hearings may be closed to the public. The General Assembly has provided the general rule that “every person may freely attend the sittings of every court.” Ark. Code Ann. § 16-10-105 (1987). However, other statutes provide that particular proceedings may be closed under certain circumstances. See, e.g., Ark. Code Ann. § 4-75-605 (Repl. 1991) (fоr cases involving trade secrets); § 9-9-217 (Repl. 1993) (involving adoption proceedings); § 9-27-325 (Repl. 1993) (for juvenile proceedings); and § 16-13-318 (1987) (involving domestic relations cases). Section 9-27-217 provides, “Adoption records shall be closed, confidential, and sealed unless authority to open them is provided by law or by order of the court for good cause shown.” (Emphasis added.)
Without determining which branch of government has the power to make laws or rules providing that parts of files can be sealed or court proceedings can be closed, we note that Rulе 26 of the Arkansas Rules of Civil Procedure provides for protective orders closing depositions, for protection of trade secrets, and for filing specified documents in sealed envelopes. In addition, Rule 6-3 of the Rules of the Supreme Court provides for anonymity in сertain appellate proceedings by the use of the initials of the first and last name of children involved in adoption or juvenile proceedings. We often utilize this rule for appeals in adoption proceedings after the final order has been entered. See, e.g., In Re Adoption of K.F.H. and K.F.H.,
The inherent authority to seal parts of court files is tempered by the requirements that a request for sealing part of a file must be particularized, that there must be
The chancellor ruled that Robert Hardy is the father of the child. There is no cross-appeal of that issue. The only assignments of error are those raised by the Department on direct appeal. In the first of these assignments, the Department contends that the chancellor erred in fixing the amount of child support. The chancellor ordered the father to pay $300 per month. The Family Support Chart in effect at the time of the trial judge’s ruling, see Guidelines For Child Support Enforcement, appendix to ARCP, provides for child support of $824 per month according to the Department. The Department’s computation under the chart is nоt contested by Hardy.
The chancellor ruled that it would be inequitable to follow the chart. We have said that reference to the family support chart is mandatory, but awarding the amount set by the chart is not mandatory if it would be unjust or inequitable to do so, and if the reasons for not dоing so are set out in written findings. Stewart v. Winfrey,
We summarily dispense with the third factor cited by the chancellor, that the father is relieved of part of the required child support because of “governmental medicaid, dental and hospital insurance.” Medicaid is а governmental program designed in part to provide aid to dependent children whose income or resources are not sufficient to meet the costs of necessary medical care. See Arkansas Dep’t of Human Servs. v. Walters,
The Department’s second assignment is that the chancellor erred in refusing to make an award of back child support. The child was born on February 8, 1986. At that time the mother was married to another
The granting or denial of such a recovery rests upon the equities in a particular case. We have in several cases, recognized the equitable nature of such an award. Thus, in order to find that the chancellor committed reversible error, we would have to hold that his finding as to where the equities lay was against the preponderance of the evidence.
We cannot say that under the circumstances of this case the chancellor’s determination as to where the equities lay was against the preponderance of the evidence.
The Department’s third assignment is well taken. In fact, it is conceded by Hardy. In the point, the Department contends that the chancellor erred in not ordering income withholding. Section 9-10-112(b)(1) of thе Arkansas Code Annotated provides that support orders must include a provision for income' withholding, absent a finding of good cause, in all cases filed pursuant to Title IV-D of the Social Security Act after October 1, 1989. This case fits within that category, and the chancellor did not make the required finding.
The Department’s fourth, and final, assignment is that the chancellor erred in refusing to order the father to provide health insurance for the child. Our per curiam of May 13, 1991, setting out the child support guidelines provides: “In addition to the award of child support, the court оrder shall provide for the child’s health care needs, which would normally include health insurance if available to either parent at a reasonable cost.” In Re: Guidelines for Child Support Enforcement,
We reverse in part, modify in part, remand for proof on the issue of health care, and remand for entry of orders consistent with this opinion.
