In Re JDC

594 A.2d 70, 1991 WL 118522
CourtDistrict of Columbia Court of Appeals
DecidedJuly 3, 1991
Docket91-345
StatusPublished

This text of 594 A.2d 70 (In Re JDC) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re JDC, 594 A.2d 70, 1991 WL 118522 (D.C. 1991).

Opinion

594 A.2d 70 (1991)

In re J.D.C., Appellant.
The Washington Post, Intervenor.

No. 91-345.

District of Columbia Court of Appeals.

Argued June 5, 1991.
Decided July 3, 1991.

*71 Elizabeth G. Taylor, Public Defender Service, with whom James Klein, Gretchen Franklin, Sandra Levick, Stephen I. Singer, and Robert Wilkins, Public Defender Service, were on the brief, Washington, D.C., for appellant.

Michael A. Simons, with whom Barbara P. Percival and Mary Ann Werner were on the brief, Washington, D.C., for The Washington Post, intervenor.

Charles L. Reischel, Deputy Corp. Counsel, John Payton, Corp. Counsel, and Donna M. Murasky, Asst. Corp. Counsel, Washington, D.C., filed a memorandum in lieu of brief.

Theodore J. Boutrous, Washington, D.C., and Richard J. Tofel, New York City, filed an amicus curiae brief, for Dow Jones & Co., Inc.

Before STEADMAN, SCHWELB and WAGNER, Associate Judges.

*72 SCHWELB, Associate Judge:

J.D.C., who is fourteen years of age, has been charged as a juvenile in the shooting death of fifteen-year-old Jermaine Daniel, whose friendship with former Chief of Police Maurice T. Turner, Jr., had received considerable publicity in the media. J.D.C. has filed this expedited appeal from an order of a judge of the Family Division of the Superior Court denying in part his motion to exclude members of the media from attending the factfinding hearing[1] and subsequent proceedings in his case.

J.D.C.'s motion was predicated primarily on the publication in The Wall Street Journal, several days before the scheduled trial date, of an article which identified J.D.C. by name and which, among other things, stated as a fact that he had shot Daniel to death. J.D.C. contended below, and now maintains on appeal, that in light of the disclosure of his identity, any further press coverage would inevitably be linked with him, for his name would be readily discoverable by anyone who cared to know it. The trial judge granted J.D.C.'s motion as to the Journal, but denied it as to The Washington Post and other media which had not disclosed J.D.C.'s identity.

The primary purpose of D.C.Code § 16-2316(e) (1989) and of Super.Ct.Juv.R. 53, which provide that in general the public shall be excluded from juvenile proceedings, is to preserve the anonymity of juvenile respondents in order to foster an atmosphere conducive to rehabilitation. Both the statute and the rule authorize the judge to permit members of the media to attend juvenile proceedings provided that they do not divulge information identifying the child or members of his family. We hold that the proscription against disclosure of the juvenile's identity represents a legislative intention to authorize admission of the press only if there is reasonable assurance that the primary goal of protecting the child's anonymity can be achieved.

We recognize that the judge made a thoughtful and conscientious effort to exercise his discretion judiciously and to balance what he viewed as the legitimate competing interests. We conclude, however, that in light of the unusual circumstances generated by the publication of the Journal article, there is no reasonable assurance that J.D.C.'s anonymity can be adequately protected in the event of press coverage of further proceedings in the case. Accordingly, we reverse the order on appeal and remand the case with directions that the trial court grant J.D.C.'s motion to exclude the media.

I

THE FACTS

Shortly after Jermaine Daniel's death, J.D.C. surrendered to police. A judge found probable cause to believe that he had committed the offenses with which he was charged. J.D.C. was detained at the Children's Center, where he remains to the present date. His case was promptly scheduled for trial.

A few days before the designated trial date, however, The Wall Street Journal published an article headlined

KILLING OF 15-YEAR-OLD IS PART OF ESCALATION OF MURDER BY JUVENILES.

The article opened as follows:

WASHINGTON—[J.C.][2] and Jermaine Daniel face each other in the concrete courtyard of their inner-city housing project. They had argued about a girl. Now, a crowd gathers as Jermaine flicks insults at [J.].
Suddenly [J.] pulls out a gun and shoots Jermaine three times in the chest.
The dead boy is 15. The shooter is 14.

The Journal's story contained other material regarding J.D.C. which depicted him and his family unfavorably, and which related a number of alleged facts of a private nature. Counsel for J.D.C. maintain that much of the information in the article is inaccurate.

Prior to the publication of the Journal article, reporters from The Washington Post, The Wall Street Journal, and at least one other newspaper had attended *73 court hearings in the case, despite J.D.C.'s objection to their presence. Each reporter had agreed in writing, pursuant to Super.Ct.Juv.R. 53(a), not to divulge information identifying J.D.C. and his family. Two days after the publication of the Journal article, counsel for J.D.C. filed a written "Unopposed"[3] Motion to Exclude Media From All Further Proceedings." On the scheduled trial date, the Post, in a story headlined

PRINTING OF DANIEL SUSPECT'S NAME BASIS OF MOVE TO CLOSE TRIAL,

revealed the disclosure of J.D.C.'s identity by the Journal, as well as the date of that disclosure, and repeated some of the unfavorable statements about J.D.C. contained in the earlier article in the Journal.

Although the judge ultimately had three separate occasions to articulate the reasons for his ruling—once orally and twice in writing—his reasoning remained generally consistent throughout.[4] He stated in his initial written order dated April 5, 1991, that it was his responsibility to "balance the confidentiality interest of the respondent against the legitimate interest of the media in covering the workings of the juvenile system." He indicated early in his oral ruling that "if I am going to err, it ought to be on the side of protecting the identity of the respondent." Applying these principles to the case before him, the judge stated in his April 5 order that The Wall Street Journal had revealed J.D.C.'s name.

in apparent violation of its pledge not to reveal identifying information.[5] Subsequent coverage by The Wall Street Journal, even where the respondent's name was not used, would have to connect him, at least with regard to its readers, to the earlier coverage.
Though subsequent Wall Street Journal coverage would tend to identify, and possibly harm, the respondent among its readers, the Court does not believe that others who follow the case by other means would necessarily be similarly affected. There is simply no way to determine the set of those people who read The Wall Street Journal article and who have also followed this matter by other media means. Without proof of a connection between these other readers or viewers and The Wall Street Journal coverage the Court is reluctant, given Rule 53, to bar those members of the media who have complied with the rules. By not permitting The Wall Street Journal

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Bluebook (online)
594 A.2d 70, 1991 WL 118522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jdc-dc-1991.