Reese Witherspoon, family go to court; proceedings closed

Reese Witherspoon, family go to court; proceedings closed


Conservatorship case deemed to be a private matter

4:26 AM, May. 12, 2012

Reese Witherspoon's family appears in court: Reese Witherspoon's family appears in Davidson County court.

Written by

Duane W. Gang

The Tennessean


Hollywood actress Reese Witherspoon and her parents appeared in a Davidson County courtroom Friday for an emergency hearing on whether her father should be placed in a conservatorship.

But the outcome remains unknown. At the request of the family, Davidson County Seventh Circuit Court Judge Randy Kennedy, who handles conservator cases and rules on mental competency, closed the proceedings to the public and sealed the court record.

The hearing came the same week Betty Witherspoon filed a lawsuit saying that her husband, John D. Witherspoon, had married another woman even though they are still married.

In the lawsuit, Betty Witherspoon said her husband suffers from early-onset dementia and has problems with alcohol, hoarding and overspending. She is seeking to have that new marriage annulled.

Andra Hedrick, an attorney for the family, told the judge that the conservatorship case dealt with personal details about Betty Witherspoon’s marriage and finances. The case has zero to do with Reese Witherspoon’s career, Hedrick said.

“This is a daughter who wants to help her parents, particularly her father,” Hedrick said.

When questioned on the witness stand about wanting the matter closed, Betty Witherspoon told the judge the issue was a private matter. She said she also believed other court documents detailing the situation were private.

Robb Harvey, an attorney for The Tennessean and WSMV-Channel 4, objected to closing the hearing. He said court proceedings under constitutional law are open to the public.

Harvey said there are stringent requirements for judges to close court proceedings. Those were not met in this case, he argued.

Kennedy granted the family’s request and required the media to leave.

“In this particular case, I believe the prejudice that would befall these private citizens in the opening up and the laying out of their personal affairs greatly overrides any value that their disclosure might have to the public,” Kennedy said.

Conservatorships are a legal mechanism the courts use when someone cannot take care of himself.

If Kennedy granted a temporary conservatorship, the conservator would have control over John D. Witherspoon’s finances and affairs. A temporary conservatorship would be in place until a full hearing could take place.

Kennedy said if a full hearing does happen, there are no guarantees those proceedings also would be closed to the public. Future hearings may justify public scrutiny, he said.

Also attending Friday’s hearing were John Witherspoon Jr. and Reese Witherspoon’s husband, Jim Toth.

Outside of court, Hedrick and another family attorney, David Lyons, declined to comment.

Betty Witherspoon’s lawsuit against her husband and Patricia Taylor contends the couple’s Jan. 14 marriage in Gatlinburg is illegal. John Witherspoon and Patricia Taylor, known as Tricianne, took out a marriage license in Davidson County on Jan. 11. They announced the marriage April 22 in The Tennessean.

In addition, Betty Witherspoon has obtained a restraining order against Taylor, barring her from using the last name Witherspoon for any purpose.

Contact Duane W. Gang

at 615-726-5982 or dgang@tennessean.com. Follow him on Twitter @duanegang.


http://www.tennessean.com/article/20120512/NEWS03/305130054/Reese-Witherspoon-family-go-court-proceedings-closed

Editor's note: Reese, this Shark believes that you should call Danny Tate and ask about Judge Kennedy...and don't leave your purse unattended in the courtroom.  Lucius Verenus, Schoolmaster, ProbateSharks.com