§ 20-16-1207 - Provision for anonymity of female. - Arkansas Statutes

20-16-1207. Provision for anonymity of female.

(a) In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partial-birth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure.

(b) (1) Upon its own motion or upon motion by a party to the proceeding or action under this subchapter, the circuit court shall make a ruling concerning the anonymity of any female upon whom a partial-birth abortion is performed.

(2) Upon determining that the anonymity should be preserved, the circuit court shall issue orders 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 the female's identity from public disclosure.

(3) Each order under subdivision (b)(2) of this section shall be accompanied by a specific written finding explaining:

(A) Why the anonymity of the female should be preserved from public disclosure;

(B) Why the order is essential to that end;

(C) How the order is narrowly tailored to serve that interest; and

(D) Why no reasonable, less restrictive alternative exists.

(c) In the absence of written consent of the female upon whom a partial-birth abortion has been performed, any person other than a public official who brings an action under this subchapter shall do so under a pseudonym.

(d) This section shall not be construed to conceal the identity of the plaintiff or of a witness from the defendant.