Ark. Code Ann. » Title 20 Chapter 16
Arkansas Code Annotated

Ark. Code Ann. § 20-16-1806 (2020)

Protection of privacy in court proceedings

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent.
    1. Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion.
    2. An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining:
      1. Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure;
      2. Why the order is essential to that end;
      3. How the order is narrowly tailored to serve that end; and
      4. Why no reasonable, less restrictive alternative exists.
    3. In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under § 20-16-1804 shall bring the action under a pseudonym.
    4. This subsection does not conceal from the defendant the identity of the plaintiff or of a witness.

History. Acts 2017, No. 45, § 1.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2017–2021 · leading case: Hopkins v. Jegley, 267 F. Supp. 3d 1024 (E.D. Ark. 2017).
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Hopkins v. Jegley, 267 F. Supp. 3d 1024 (E.D. Ark. 2017). · cites it 6× “Ark. Code Ann. § 20-16-1806 . Dr. Hopkins does not challenge the requirement that a physician not perform an abortion knowing that the woman is seeking the abortion solely on the basis of the sex of the embryo or fetus.”
Hopkins v. Jegley, 508 F. Supp. 3d 361 (E.D. Ark. 2020). · cites it 2× “See Ark. Code Ann. § 20-16-1806 . It is therefore ordered that Dr.”
Hopkins v. Jegley, 510 F. Supp. 3d 638 (E.D. Ark. 2021). · cites it 2× “” Ark. Code Ann. § 20-16-1806 . 106 Case 4:17-cv-00404-KGB Document 97 Filed 01/05/21 Page 107 of 253 Typically, during the early weeks of the second trimester of pregnancy, a doctor performing D&E uses a combination of medications that open the cervix and manual dilators; then,…”
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