In re Chase

112 Misc. 2d 436, 8 Media L. Rep. (BNA) 1496, 446 N.Y.S.2d 1000, 1982 N.Y. Misc. LEXIS 3146
CourtNew York City Family Court
DecidedJanuary 26, 1982
StatusPublished
Cited by7 cases

This text of 112 Misc. 2d 436 (In re Chase) is published on Counsel Stack Legal Research, covering New York City Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Chase, 112 Misc. 2d 436, 8 Media L. Rep. (BNA) 1496, 446 N.Y.S.2d 1000, 1982 N.Y. Misc. LEXIS 3146 (N.Y. Super. Ct. 1982).

Opinion

OPINION OF THE COURT

Aileen Haas Schwartz, J.

A reporter for the New York Times seeks access to the fact-finding trial (hereinafter trial) in a juvenile delinquency proceeding. Her application is supported by the Corporation Counsel of the City of New York. Both rely upon Richmond Newspapers v Virginia (448 US 555). The respondent opposes attendance by the reporter as violative of an alleged virtually absolute right to a private trial pursuant to section 741 of the Family Court Act, section 2501.2 of the Uniform Family Court Rules (22 NYCRR 2501.2), and New York practice.

Respondent’s arguments create a jurisprudential warp that is oblivious to Supreme Court and New York Court of Appeals decisions that cast the public and the press in the role of protagonist on the issue of open courts. Richmond Newspapers v Virginia (supra) and Matter of Westchester Rockland Newspapers v Leggett (48 NY2d 430) require [437]*437reconsideration of the law on the right of access of the public and the press to the trial in juvenile delinquency proceedings.

Richmond Newspapers v Virginia (supra) commands respect not only for its holding but for its jurisprudential and conceptual underpinnings. The Supreme Court instructs that all trials, civil and criminal, are presumptively open in vindication of an independent right of access of the public and the press. Indeed, Richmond Newspapers v Virginia (supra, pp 580-581) holds “that the right to attend criminal trials is implicit in the guarantees of the First Amendment * * * Absent an overriding interest articulated in findings, the trial of a criminal case must be open to the public.”

Footnote 17 (supra, p 580), appended after the above words “criminal trials”, states, “Whether the public has a fight to attend trials of civil cases is a question not raised by this case, but we note that historically both civil and criminal trials have been presumptively open.” Justices White and Stevens joined the opinion of the Chief Justice. In concurring opinions, Justices Brennan, Stewart, Marshall and Stevens expressly expanded the First Amendment protection to all trials, civil as well as criminal. Justice Powell who took no part in the case had expressed that same view earlier in prophetic opinions. (See Powell, J., dissenting in Saxbe v Washington Post Co., 417 US 843, 850; see, also, Powell, J., concurring in Gannett Co. v DePasquale, 443 US 368, 397.)

The opinion of the Chief Justice and the concurring opinions demonstrate unequivocally that the historical and analytical bases for the public right of access in criminal trials pertain equally to civil proceedings. Those grounds reflect a profound Anglo-American commitment to open justice in criminal and civil proceedings. As identified in Richmond Newspapers v Virginia (448 US 555, supra), which treats each ground comprehensively:

1. Historically, Anglo-American trials, civil and criminal, have been conducted in open court, and public access appears to have been the rule in England from time immemorial. English jurists and historians have hailed the [438]*438openness of judicial trials as “ ‘one of the essential qualities of a court of justice’ ” (448 US, at p 567).

The most striking explicit recognition of openness of trials as part of the fundamental law of the American colonies is contained in the 1677 Concessions and Agreements of West New Jersey: “ ‘That in all publick courts of justice for tryals of causes, civil or criminal, any person or persons, inhabitants of the said Province may freely come into, and attend the said courts, and hear and be present, at all or any such tryals as shall be there had or passed, that justice may not be done in a corner nor in any covert manner.’ ” (448 US, at p 567; emphasis added.)

The profound concern in the 1677 fundamental law that “justice may not be done in a corner nor in any covert manner” voices the Anglo-American abhorrence of secret trials — the Inquisition, Star Chamber, lettre de cachet. (Matter of Oliver, 333 US 257, 268-270.)

2. The public character of judicial proceedings serves to assure the very integrity of the process. “[I]t has long been recognized as an indispensable attribute of an Anglo-American trial. Both Hale in the 17th century and Blackstone in the 18th saw the importance of openness to the proper functioning of a trial; it gave assurance that the proceedings were conducted fairly to all concerned, and it discouraged peijury, the misconduct of participants, and decisions based on secret bias or partiality.” (Richmond Newspapers v Virginia, 448 US 555, 569, 597, supra.) In a celebrated passage, Jeremy Bentham admonished (1 Bentham, Rationale of Judicial Evidence, p 524): “ ‘Without publicity, all other checks are insufficient: in comparison of publicity, all other checks are of small account. Recordation, appeal, whatever other institutions might present themselves in the character of checks, would be found to operate rather as cloaks than checks; as cloaks in reality, as checks only in appearance.’ ” (448 US at p 569.) “The principle that justice cannot survive behind walls of silence has long been reflected in the ‘Anglo-American distrust for secret trials’.” (Sheppard v Maxwell, 384 US 333, 349, cited in 448 US, at p 574, n 9.)

3. Public confidence in the fair and honorable administration of justice is a transcendent value in our system. [439]*439(Richmond Newspapers v Virginia, supra, p 594.) The trial serves to fulfill “ ‘the notion, deeply rooted in the common law, that “justice must satisfy the appearance of justice” ’ ” (supra, p 594). Public confidence in the administration of justice requires public access to observe judicial processes.

In our Nation, characterized by recourse to the courts for resolution of social and political issues, public interest in judicial proceedings is hardly limited to criminal proceedings. As the court put it with reference to a civil case, Craig v Harney (331 US 367, 374): “A trial is a public event. What transpires in the courtroom is public property.”

The real significance of Richmond Newspapers v Virginia (supra) can best be understood by reference to the case that pervades the opinions there, Gannett Co. v DePasquale (443 US 368, supra), and its extraordinary aftermath. “We begin consideration of this case”, the Chief Justice said (Richmond Newspapers v Virginia, supra, pp 563-564), “by noting that the precise issue presented here has not previously been before this Court for decision. In Gannett Co. v. DePasquale, supra, the Court was not required to decide whether a right of access to trials, as distinguished from hearings on pretrial motions, was constitutionally guaranteed. The Court held that the Sixth Amendment’s guarantee to the accused of a public trial gave neither the public nor the press an enforceable right of access to a pretrial suppression hearing * * * Moreover, the Court did not decide whether the First and Fourteenth Amendments guarantee a right of the public to attend trials * * * nor did the dissenting opinion reach this issue.”

As Justice White who joined the Chief Justice’s opinion bluntly wrote in concurring also (448 US, at pp 581-582), “This case would have been unnecessary had Gannett Co. v. DePasquale, 443 U. S. 368

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Bluebook (online)
112 Misc. 2d 436, 8 Media L. Rep. (BNA) 1496, 446 N.Y.S.2d 1000, 1982 N.Y. Misc. LEXIS 3146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chase-nycfamct-1982.