CONCORD, N.H. (AP) – A judge has denied a request from news organizations to suspend a law that closes to the public all financial documents filed in a divorce, child support or custody case.

The media organizations argued that public access to court records is essential to keeping legal proceedings fair and is protected under the state constitution. They asked that the law that took effect Aug. 10 be set aside pending review.

Merrimack County Superior Court Judge Edward Fitzgerald disagreed, saying the preservation of the right to privacy regarding the financial records is a “compelling interest.” He wrote that the law doesn’t violate either the state or U.S. constitution.

In his order dated Monday, Fitzgerald cited a statement from state Sen. Robert Clegg, R-Hudson, advocating passage of the bill.

Clegg said the amendment seeks a balance “between a person having a right to privacy and the public having a right to know. … The amendment neither forecloses an opportunity to open financial documents that may come to light in a high-profiled divorce case, nor does it leave to a judge’s discretion alone, that documents remain sealed.”

The media also argued that the denial of access to court records falls under the judicial branch, not the legislative. The state had argued during a hearing in August that the law doesn’t usurp judicial authority.

Fitzgerald wrote that many other types of court records are sealed by statute, such as juvenile deliquency, abuse and neglect and adoption cases. He noted that law contains a provision allowing the public to petition the court for access to the sealed financial information.

The Concord Monitor, The Keene Sentinel, Valley News, Portsmouth Herald, The Telegraph of Nashua, The Associated Press, the New Hampshire Association of Broadcasters and WMUR-TV sued.

Larry Laughlin, The Associated Press’ northern New England bureau chief, called the ruling a disappointment and said media organizations are considering an appeal, which would have to be filed within 30 days.

AP-ES-10-08-04 1258EDT