Does anyone know if a criminal trial judge has any inherent authority to seal sensitive court records (exhibits, filed documents)? I know a civil judge has general discretion to seal under Tex. R. Civ. P. 76a, but there seems to be no criminal law counterpart.

On the criminal side, there are some statutes and rules that provide for specific material that must be sealed (child porn (CCP 38.45); juror info cards (CCP35.29); some confidential in camera hearings (Rules 412(d)&508(c)(2)), for example). I would hope that a criminal judge could seal documents containing other sensitive information (such as SSN, nude images, trade secrets, etc.), but the fact that the legislature and rule promulgators have specificed which items may be sealed may indicate an intent to restrict sealing to these particular items. Any thoughts?

Welcome and congratulations on your first post.

In some instances you are left with simply analogizing to laws addressing the issues in other instances (those you have indentified) and persuading the trial judge to exercise his or her sound discretion in your favor. You might also incorporate arguments that are used to defend against the release of information when Public Information Requests are filed.

Personally, I don't think that evidence admitted on the issue of guilt can be properly sealed. Sensitive information like SSNs can be redacted before the document is admitted.

If I had to make a contrary argument I would try an inherent authority argument. See McClinton v. State
121 S.W.3d 768, 771 (Tex. Crim. App. 2003("A trial court has the inherent authority to . . . ."); Houston Chronicle Pub. Co. v. Edwards, 956 S.W.2d 813 (Tex.App.-Beaumont 1997, orig. proc.) (trial court lacked the inherent authority to seal search warrant affidavit in the face of a contrary statute).

David raises interesting issues. There are differences between (1) redacting and sealing (2) sealing admitted and excluded documents, and (3) sealing documents at guilt, punishment, and post-conviction. I have worked with both redacted and sealed excluded documents at all stages. I have also worked with sealed admitted documents at punishment and post-conviction.