Jurist May Seal Records in Clark’s Child Custody Battle

Expressing concern that intense publicity over Marcia Clark’s child custody battles might hurt her two young sons, a Superior Court commissioner appears poised to seal much of the record in her divorce case.

Commissioner Keith M. Clemens did not issue a ruling Friday. But during a lengthy court session in Los Angeles, he said he had tentatively decided that custody hearings in the case should be closed, that court filings regarding child custody and visitation should be kept confidential, and that parties in the case should be barred from discussing those issues.

Clemens was less sure of how to respond to a further motion by Clark’s attorneys that he issue a gag order blocking any discussion of the case by those involved. A ruling on both matters is expected early next week.

Attorneys for Clark, the lead prosecutor in O.J. Simpson’s murder trial, have sought several times to have the divorce case closed.

Except for a brief temporary sealing earlier this year, two judges have rejected the request, saying the privacy interests of the Clark children are adequately protected by withholding such information as their names and address.

But Clemens, who is presiding over the case, seems far more sympathetic to Clark’s arguments, and has kept confidential a number of recent filings in the case.

Clemens said he has rarely closed matters during his four years on the family law bench. In most cases, he added, “the mud thrown” is suffered privately, because only the parties involved are following the matter. In contrast, details of the Clark case will be widely aired and the lingering accusations could damage the children’s well-being.

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Attorneys for Gordon Clark, Marcia Clark’s husband, have argued against the sealing, saying their client should retain his right to tell his side of the story and that a sweeping gag order would be unconstitutional.

Both Clarks have sought custody of the boys, who now live with Marcia Clark and spend alternate weekends and two evenings a week with their father. In documents filed last winter, Gordon Clark argued that he should be given primary physical custody of the boys because the Simpson case was consuming so much of his estranged wife’s time that she was rarely home with the children.

His attorneys say that he is now willing to accept joint custody and is only asking that the children be allowed to stay overnight with him an extra two nights a week, in addition to the current visits.

Marcia Clark’s “work schedule is allegedly different now,” attorney James R. Thompson, said, explaining his client’s change of mind.