Closed Proceedings and Sealed Documents  Press-Enterprise v. Riverside Superior Court (1980) oU.S. Supreme Court ruled there was a right under both common law and the U.S. Constitutional for the public and the press to attend a criminal trial

Pre-Press Enterprise Test  Judge must determine if the hearing is normally an open one 1.Whether this kind of hearing (or doc.) has traditionally and historically been open to the press and public 2.Whether public and press access to this hearing will play a positive role in the functioning of the judicial process

Closed Proceedings and Sealed Documents  Press-Enterprise Test, in order to close the person seeking the closure … 1.The party seeking closure must advance an overriding interest that is likely to be harmed if the proceeding or document is open 2.Whoever seeks the closure must demonstrate that there is a “ substantial probability ” that this interest will be harmed if the proceeding or document remains open

Closed Proceedings and Sealed Documents  Press-Enterprise Test, if the advocate proves the previous 2 items, the judge must … 3.The trial court must consider reasonable alternatives to closure 4.If the judge decides that closure is the only reasonable solution, the closure must be narrowly tailored so there is an absolute minimum of interference with the rights of the press and public to attend the hearing or see the document

Closed Proceedings and Sealed Documents  Press-Enterprise Test 5.The trial court must make adequate findings to support the closure decision

Presumptively Open Proceedings  Pretrial detention hearings  Bail hearings  Plea hearings  Voir dire proceedings  Sentencing hearings  Attorney disciplinary hearings

Closed Proceedings and Sealed Documents  Tips For Reporters When a Judicial Hearing is Closed oCall the editor immediately to get a lawyer on the job oMake a formal objection to the closure oAsk the judge to delay the closure until the lawyer arrives

Presumptively Open Documents and Hearings  The right of access to pretrial proceedings and documents is qualified  Just because you can get it, doesn ’ t mean you should publish it – journalistic ethics

Access and Broadcast Journalists  Access to audio- or videotaped evidence is still developing in the courts  Courts have granted journalists increasing rights to make copies of evidence for later broadcast

Recording and Televising Judicial Proceedings  Cameras and recording devices are now permitted in all but two states and the District of Columbia oThe U.S. Supreme Court ruled in Chandler v. Florida (1981) that the mere presence of cameras in the courtroom does not prejudice a defendant ’ s right to a fair trial

Recording and Televising Judicial Proceedings  Federal courts refuse to permit cameras in the courtroom  Cameras are also barred from executions and jury deliberations in most states

Bench-Bar-Press Guidelines  Guidelines: oTell law enforcement officers what kind of information about a criminal suspect and a crime can be released and published with little danger of harm to the trial process

Bench-Bar-Press Guidelines  Guidelines: oInform journalists that publication of certain kinds of information about a case can be harmful to the trial process