If they hadn't felt the need to use a subpoena, there is a good chance the public wouldn't even know anything unless/until BF appeared at the hearing.
The other issue is that none of the records were sealed via motion/order, so I did a little research, and IMO the documents we saw didn't qualify for the exemptions under Idaho law, much less Nevada where records are much more open. None of the specific exemptions appear to apply, so a motion to redact or seal likely would have failed imo. I think you're right - a subpoena was required to get this done. I don't think that the subpoena was about PR at all. I think it's about a fair trial and a robust defense, and the latter is something everyone should want because failure to provide adequate defense (ineffective assistance of counsel) is grounds for appeal.
Nevada
Court rules to seal/redact:
Part VII. Rules Governing Sealing and Redacting Court Records
Public Records Act:
Section 74-102 – Idaho State Legislature
Exemptions:
Section 74-124 – Idaho State Legislature
74-124. Exemptions from disclosure — Confidentiality. (1) Notwithstanding any statute or rule of court to the contrary, nothing in this chapter nor
chapter 10, title 59, Idaho Code,
shall be construed to require disclosure of investigatory records compiled for law enforcement purposes by a law enforcement agency, but such exemption from disclosure applies only to the extent that the production of such records would:
(a) Interfere with enforcement proceedings;
(b) Deprive a person of a right to a fair trial or an impartial adjudication;
(c) Constitute an unwarranted invasion of personal privacy;
(d) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement agency in the course of a criminal investigation, confidential information furnished only by the confidential source;
(e) Disclose investigative techniques and procedures;
(f) Endanger the life or physical safety of law enforcement personnel; or
(g) Disclose the identity of a reporting party maintained by any law enforcement entity or the department of health and welfare relating to the investigation of child abuse, neglect or abandonment ...
I.C.A.R. 32. Records of The Judicial Department - Examination and Copying - Exemption From and Limitations on Disclosure. | Supreme Court
The Idaho court admin rule I.C.A.R. 32i lays it out:
(2) Before a court may enter an order redacting or sealing records, it must also make one or more of the following determinations in writing:
(A) That the documents or materials contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person, or
(B) That the documents or materials contain facts or statements that the court finds might be libelous, or
(C) That the documents or materials contain facts or statements, the dissemination or publication of which may compromise the financial security of, or could reasonably result in economic or financial loss or harm to a person having an interest in the documents or materials, or compromise the security of personnel, records or public property of or used by the judicial department, or
(D) That the documents or materials contain facts or statements that might threaten or endanger the life or safety of individuals, or
(E) That it is necessary to temporarily seal or redact the documents or materials to preserve the right to a fair trial, or
(F) That the documents contain personal data identifiers that should have been redacted pursuant to Idaho Rule of Electronic Filing and Service 15, Idaho Rule of Civil Procedure 2.6, or Idaho Rule of Family Law Procedure 218 in which case the court shall order that the documents be redacted in a manner consistent with the provisions of that rule.