A court case involving harassment claims against a Lexington councilwoman has been unsealed and is now available again through the Kentucky’s online court system, Courtnet or KyECourts.
The Lexington-Herald Leader published a story last week questioning why the case was sealed.
Lexington-Fayette Urban County Councilwoman Denise Gray was awarded a temporary emergency protection order against Councilwoman Brenda Monarrez on Aug. 8.
In her petition, Gray alleges Monarrez was sexually aggressive towards her on two different occasions over three years.
Fayette Circuit Judge Traci Brislin ordered during an Aug. 20 hearing Monarrez attend council meetings virtually and work from home until an Oct. 16 hearing, which will determine if the protection order will remain in place.
Both women can testify at that hearing.
Monarrez has denied the allegations, calling them baseless, vile and politically motivated.
An interpersonal protection order is a civil matter. No criminal charges have been filed.
After the Aug. 20 hearing, the case was removed from Courtnet. The Herald-Leader attempted to access the paper file at the Fayette Circuit Clerk’s office on Sept. 18 and was told the case was confidential or sealed.
On Saturday, the case reappeared on Courtnet.
On Aug. 21, there is a note in the case file that shows the case is now confidential. However, there was no motion from Gray or Monarrez’s attorneys asking the case be sealed. The note appears to come from “judicial staff,” according to the court record.
Brislin conducted the initial hearing on Aug. 20. But the case was originally assigned to District Judge Ross Ewing, according to the court record. Brislin’s staff confirmed Monday the case had been unsealed.
Brislin was not immediately available for comment.
Michael Abate, a lawyer for the Kentucky Press Association, questioned how the case was sealed. Under the law, a hearing must be held to determine if a case can be sealed and media has to be noticed, Abate has said. There was no hearing listed in the court record.
On Sept. 20, two days after the Herald-Leader ran a story questioning why the case was no longer public, there’s an entry in the court record showing the case be returned to the public docket.
“The Herald-Leader is concerned about what appears to a fast-and-loose policy related to secretly sealing and then unsealing this case without an initial hearing,” said Executive Editor Richard Green. “Kentucky law is very clear about how the process is supposed to work. We will continue to look into this matter and remind those in the courthouse of the law of the commonwealth.”
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