Now, 4, 2022 2:49PM KANAWHA CO. CIRCUIT CLERK No. 4637, FILED p IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST?VHQUNEA PH |: 36 STATE OF WEST VIRGINIA. ‘ae CoO CHT er 22-F-285, ; ve Honorable Judge Maryclaire Akers CHRISTOPHER M. JONES: ORDER On the 19th day of October, 2022, came the State of West Virginia, by counsel, George Sitler and came the Defendant, CHRISTOPHER M. JONES, in person and by counsel John Danford for the purpose of arraignment, Whereupon, the Court also addressed the submission by the State of West Virginia of an Order to Seal the above styled Indictment Pursuant to WV Code §61-88-19. The recently enacted code section states, in pertinent part, as follows: (2) Records confidential. - All records and information maintained by the courts of this state or any law enforcement agency of this state or any of its political subdivisions, which contain identifying information of a victim in an arrest, investigation, or complaint for the offenses enumerated in § 61-BA+ et seq., § 61-8B4 et seq., § 6-8C-1et 5eq., oF § 61-1441 et Seq. of this code, or for the offenses included in § 61-8D-3a, § 6+-8D- 5, and § 61-8DB-6 of this code, shall be kept confidential and withheld from inspection, except: (1) When required by law; (2) when necessary for law-enforcement purposes or preparation for court proceedings; or (3) pursuant to an order of a court issued in accordance with subsection (c) of this section, (b) Orders permitting examination or copying of file contents. - Upon written motion filed in the circuit court of the county where the criminal action is pending or has been prosecuted, a circuit court, for good cause shown, may enter an order allowing a person who is precluded access to a court file or law-enforcement record pursuant toNov, 4 2022 2:50PM KANAWHA CO, CIRCUIT CLERK No 4637 1 subsection (a) of this section the authority to examine and copy documents ina file, The order shall set forth specific findings which demonstrate why the interests of justice necessitate the examination, specify the particular documents to be examined or copied, or both examined and copied and the circumstances under which such action of actions shall take place. (©) Obtaining confidential records. — Absent a waiver of confidentiality by the subject of the confidential records, the records are only subject to subpoena pursuant to subsection (d) of this section. Whereupon, the Court made the following FINDINGS OF FACT and CONCLUSIONS OF LAW (1) Christopher M. Jones was indicted by the Grand Jury of Kanawha County with thirty (0) counts of offenses which qualify under WV Code §61-88-19, Specifically, First Degree Sexual Assault; First Degree Sexual Abuse; Sexual Abuse by a Parent, Guardian, Custodian or Person in Position of Trust; and Distribution and Display toa Minor of Obscene Matter. (2) The indictment against him lists two victims, identified only by their first and last initial. (3) Upon arrest, the defendant has a right to be informed of the nature of the complaint against him, of his right to counsel and, ifthe offense is to be presented for indictment, of his right to havea preliminary examination. W. Va, Code, § 621-6 (4) Upon indictment, the defendant has a right to be arraigned in an open and public. courtroom in the County of his indictment. West Virginia Rules of Crimi Procedure,Nov. 4, 2022 2:50PM KANAWHA CO. CIRCUIT CLERK No. 4637 PL. 9 (5) During arraignment, the Court may be required by the Defendant to read the Indictment to him in an open and public courtroom. Rule 19, West Virginia Rules of Criminal Procedure, (6) The indictment must: (1) state the elements of the offense charged, (2) puts a defendant on fair notice of the charge against which he must defend, and (3) enable a defendant to assert an acquittal or conviction in order to prevent being placed ‘twice in jeopardy. State v, Chic-Colbert, 2013, 749 S.E,2d 642, 231 W.Va. 749. (7) The Defendant has a right to a public trial, during which he has an implicit fundamental right to confront his accusers as guaranteed by United States and West Virginia Constitutions. Const. art, 3, § 14; U.S.C A.Const, Amend. 6. State v. Eden, 1979, 25S.E.2d 868, 163 W.Va, 370, (8) The public has a right to attend any public trial. West Virginia Constitution art. 3, §17, (9) Rule 40 of the West Virginia Rules of Appellate Procedure pertaining to public access to case records and confidentiality mandates, in pertinent part, as follows: (e) Personal Identifiers Restricted. In order to protect the identities of juveniles and in order to avoid the unnecessary distribution of personal identifiers, any document filed with the intermediate Court or the Supreme Court other than an appendix must comply with the following standards. (1) Initials or a descriptive term must be used instead of a full name in: cases involving juveniles, even if those children have since become adults; cases involving crimes of a sexual nature that require reference to the victim of such crime; abuse and neglect cases; mental hygiene cases; and cases relating to expungements. Whereupon, this Court recognizes that government is the servant of the people, not ‘the master of them. This Court also recognizes the citizens of the United States and West Virginia have a Constitutional right to full and complete information regarding the affairs of 3Now 4 2022 2:50PM KANAWHA CO, CIRCUIT CLERK No. 4637 PL 4 the government. Whereupon, this Court also FINDS the Defendant has the right to fair notice of the charge against which he must defend, Further, this Court FINDS the Defendant has a right to have his indictment read to him in open court. This Court also FINDS the West Virginia Rules of Appellate Procedure specifically allow reference to victims of sexual assault crimes by their initials in open and public filings. THEREFORE, this Court FINDS that | reference to victims by initials in indictments of sexual crimes is REQUIRED BY LAW and | hereby DENIES the State’s Motion to Seal pursuant to WV Code §61-8B-19. Henceforth, all / pleadings and public flings in the above styled case shall reference the victims in this matter | by their initials and be open and free to inspection by the public, The Court further ORDERS that the Circuit Clerk shall provide a certified copy of this. | Order upon its entry to all counsel of record. ENTERED this Ye Aay of econ 2022, ‘THE RONORABLE MARYCLAIRE AKERS.