UPDATE: Judge demands paper return court documents
Web Posted: 08/23/2007 04:50 PM CDT
A state district judge who this spring presided over the guardianship case of a prominent South Texas rancher has ordered the San Antonio Express-News not to publish articles related to matters contained in the court records, regardless of how the information was obtained.
In his Wednesday order, District 229 Judge Alex Gabert also gave the newspaper five days to surrender any paper copies of court documents relating to the Robert C. East case, and destroy any electronic records.
In early June, Gabert issued a temporary order sealing court documents and also kept the court proceedings closed to the public.
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In his Wednesday order, Gabert cites the newspaper's “callous, conscious, willful and deliberate disregard” for his earlier orders sealing records, which occurred while East was still alive.
East, 87, a pioneering South Texas rancher from Hebbronville, died June 18 after a lengthy illness, leaving an estate valued in the hundreds of millions of dollars.
East left no direct heirs, and his death came just days after a nasty legal fight involving his relatives and several employees was largely resolved.
Among the disputed issues was East's mental competence and his need to have an independent guardian.
On July 22, the Express-News published a lengthy article exploring the complicated legal issues surrounding East's final days, including the question of his capacity.
The article was based in part on documents obtained outside of the court process. It is those records that Gabert ordered be turned over to the executor of East's estate within five days.
“The Express-News published a story that we believe was of significant public interest, based on documents we obtained legally,” said Robert Rivard, editor of the Express-News.
His order extends to all parties to the proceeding, including the various lawyers and their employees and all court officers and employees.
Lawyers for the Hearst Corp., which owns the newspaper, were preparing a legal response to Gabert's order Thursday.
jmaccormack@express-news.net
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