Judge Jones is hearing a motion to order relase of substance abuse records pursunat to a subpoena. The hearing...
1. must be in open court because the records were subpoenaed.
2. may be opened in court to the discretion of the judge.
3. must be heard in chambers and sealed from public scrutiny.
4.may be heard in chambers if the motion so requested.
I picked 2
Correct, the answer is 2. The hearing may be opened in court at the discretion of the judge.
To arrive at this answer, we need to understand the context of the question. Judge Jones is hearing a motion to order the release of substance abuse records pursuant to a subpoena. The question asks about where the hearing must be held and whether it can be open to the public.
In such cases, there can be a tension between the privacy rights of the individual whose records are being sought and the public's right to access information and proceedings. Generally, court hearings are open to the public unless there's a specific reason to close them.
Here are the explanations for each option:
1. The question suggests that the hearing must be in open court because the records were subpoenaed. However, the issuance of a subpoena alone does not automatically require an open court hearing. This option is not correct.
2. This option states that the hearing may be opened in court to the discretion of the judge. This means that the judge has the authority to determine whether the hearing should be open to the public or closed. This answer acknowledges the judge's discretion and is, therefore, the correct response.
3. This option suggests that the hearing must be heard in chambers and sealed from public scrutiny. While it is true that certain sensitive matters may be heard in chambers and sealed to preserve confidentiality, this is not a requirement in this case. The release of substance abuse records does not automatically necessitate an in-chambers hearing. Hence, this option is incorrect.
4. This option states that the hearing may be heard in chambers if the motion so requested. While it is true that a party may request a hearing in chambers, it doesn't necessarily mean it must be granted. Additionally, the question does not provide any indication that such a request was made. Therefore, this option is not the correct answer.
In conclusion, based on the contextual information and understanding of the judge's discretion in determining whether a hearing should be open or closed, the correct answer is 2.