Tennessee Supreme Court Orders Unsealing of Secret Criminal Court Records
The Tennessee Supreme Court has ordered the unsealing of improperly sealed records in a criminal prosecution.
Why it matters: The ruling sets a precedent requiring courts to provide written explanations when sealing records, bolstering transparency and safeguarding public access to judicial proceedings. This impacts how Tennessee courts handle confidentiality and public trust going forward.
- On May 21, 2026, the Tennessee Supreme Court ruled lower courts wrongly denied access to three sealed records.
- Sealed records included affidavits and a motion to disqualify Judge Cheryl Blackburn, sealed without written justification.
- The Court emphasized that sealing orders must demonstrate a compelling interest and be narrowly tailored.
- The case is remanded to the Court of Criminal Appeals for further action.
The Tennessee Supreme Court ruled on May 21, 2026, that trial courts failed to follow required procedures when sealing three judicial records in a criminal prosecution, including two affidavits and a motion for recusal, after denying the Nashville Banner's request for access. These documents had been sealed without a written order explaining the compelling interest behind the action.
The state’s highest court asserted that any order to seal judicial records must be accompanied by a written judicial finding. The ruling requires that courts articulate specific, compelling interests that justify sealing and ensure such orders are narrowly tailored, reflecting a commitment to open judicial proceedings.
The dispute originated when the Nashville Banner intervened seeking to unseal a motion to disqualify Judge Cheryl Blackburn and two supporting affidavits. After lower courts declined to grant access—and the Court of Criminal Appeals opted not to review—the Tennessee Supreme Court took up the case in November 2024.
Editor Steve Cavendish of the Nashville Banner noted, “Our courts have credibility when they are open and transparent. When judges ignore the rules and then seal files that could be critical of their performance, it creates the appearance of a cover-up. Transparency is always the answer for creating public trust in our institutions.”
The Supreme Court has remanded the case to the Court of Criminal Appeals for further proceedings consistent with its ruling, signaling strengthened protections for public access to court records in Tennessee going forward.
By the numbers:
- 3 — Number of judicial records at issue in the Supreme Court ruling
- 2 — Number of supporting affidavits that were sealed without a written order
- May 21, 2026 — Date the Supreme Court issued its decision
What's next: The Court of Criminal Appeals will review the case again as directed by the Supreme Court.