In a rare move, a judge has barred the public from divorce hearings involving Andrew "Flip" Filipowski, the local businessman whose withdrawal from the downtown baseball stadium project has been blamed for the project's long delay.
William B. Reingold, the chief district court judge, agreed to close the hearings June 2 at the request of Filipowski's attorney, Joslin Davis, and over the objection of Gary Tash, an attorney for Veronica Filipowski. A reporter who entered the hearing was informed it was closed.
Reingold, who has been a judge for 23 years, said he couldn't recall having closed a hearing.
"I felt this would be one of the rare exceptions," he said.
He said he has closed some court files in hearings, but those were rare cases as well. The court file in the Filipowskis' case remains public.
The Filipowskis separated Aug. 1, 2007. Veronica Filipowski filed a lawsuit last year that included requests for custody of their 16-year-old daughter, child support and alimony. Flip Filipowski heads SilkRoad Equity, an investment firm that runs several companies.
Reingold's order allows a few people to attend the hearings if they sign a confidentiality agreement. Those attending include Debbie Prim, Veronica Filipowski's sister who is married to Billy Prim. Prim and Flip Filipowski had been partners in the new stadium, which stalled when Filipowski withdrew.
Prim testified in the case two weeks ago, behind closed doors. The same week, city officials announced a $15.7 million plan to lend Prim more money to get the stadium back on track. The arrangement was approved by the City Council Wednesday.
Both sides in the divorce hearings had agreed to a confidentiality order about some documents, which Reingold said in his order meant that they had "waived their right to open these proceedings."
"The public's right of access to civil court proceedings is a qualified right," Reingold wrote in the order.
In an interview, he declined to elaborate on his order, saying it spoke for itself.
Reingold's order cited a state law and a rule in the state's general rules of practice for district and superior courts. The state law says that a judge has the power to "impose reasonable limitations on access to the courtroom when necessary to ensure the orderliness of courtroom proceedings or the safety of persons present."
Reingold's conclusions in his order add "reasons of public policy," to the justification for limiting courtroom access.
The trade secrets of Filipowski's businesses give his businesses their competitive advantages, which "would be completely destroyed by their disclosure," the order said. "Keeping these proceedings open to the general public would be more harmful to the (Filipowskis) than beneficial to the public."
Reingold's order also says a judge has the power to prohibit media coverage in hearings "that involve divorce proceedings, temporary alimony proceedings, and proceedings involving trade secrets."
The rule for courts that is cited deals with "electronic media and still photography coverage" of hearings, defined to include video cameras, still cameras, microphones and recorders.
The court file in the case lays out a complex case ahead for Reingold, who will have to make decisions about the value of Filipowski's various investments and the couple's cars, homes and other valuables. Veronica Filipowski's attorneys indicated in one court filing that preparing for the various divorce hearings will cost her at least $2 million in legal and other fees.
Hearings on temporary alimony are expected to resume in July, likely followed by hearings on dividing up the couple's property, and then a final determination of alimony.
■ Dan Galindo can be reached at 727-7377 or at
dgalindo@wsjournal.com
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