ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

EN BANC

B.J.M.

APPELLANT

V.

R.L.M.

APPELLEE

CA02-666

September 18, 2002

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTEENTH DIVISION

[NO. PCN44485]

APPELLANT'S MOTION FOR BRIEF TIME AND TO UNSEAL RECORD

GRANTED IN PART

Appellant, acting pro se, has filed a motion asking for an additional thirty days to file his brief and requesting that he be given access to the circuit clerk's record of pleadings and orders in this case, which was transmitted to this court in a sealed envelope. He states that he cannot prepare an abstract and addendum sufficient to demonstrate error without the pleadings and orders. Appellee has not responded to the motion.

This appeal is from the trial court's decision on a recent post-decree motion in a 1967 adoption case. The clerk's record has been sealed, not by any court order, but apparently by the circuit clerk pursuant to the general dictates of Ark. Code Ann. § 9-9-217 (Repl. 2002). Section 9-9-217(a)(2)(A) provides that "[a]doption 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." Notably, however, the transcript of the hearing on appellant's post-decree motion, which contains a discussion of all of the information found in the pleadings and orders, is not sealed; the adopted person is in his mid-forties, is the pro se party-appellee in this case, has already been served with the pleadings and orders relevant to the post-decree motion, and is fully aware that he was adopted; and the sealed portion of the record does not disclose the identity of any person, such as a natural parent who gave up appellee for adoption, who is unknown to the parties and who might wish to remain anonymous.

Because the sealed record contains no information not already known or otherwise freely available to the principals, it appears that the purposes underlying the confidentiality requirement will not be thwarted by allowing the parties access to the record. Under these circumstances, and because access to the information is necessary for the preparation of the abstract and addendum, we find good cause to allow the parties to review the sealed record with the direction that they maintain the confidentiality of the materials. We order that the materials not be released, and any reference to them not be made, to anyone other than this court, the parties to the appeal, and the parties' attorneys, should any be employed. If either party abstracts, reproduces, discusses, or otherwise discloses the contents of the sealed materials, he is directed to file any such submission with the clerk of this court under seal. Appellant's abstract, addendum, and brief is due October 18, 2002.