State ex rel. Dispatch Printing Co. v. Lias

628 N.E.2d 1368, 68 Ohio St. 3d 497
Ohio Supreme Court·Decided March 23, 1994·No. No. 93-326·Published·Cited by 13 cases

Opinion

Douglas, J.

In T.R., supra, this court held that a juvenile court judge could restrict public access, which included the press, to a custody proceeding involving a minor child “if the court finds, after hearing evidence and argument on the issue, (1) that there exists a reasonable and substantial basis for believing that public access could harm the child or endanger the fairness of the adjudication, and (2) the potential for harm outweighs the benefits of public access.” (Emphasis added.) Id., paragraph three of the syllabus. T.R. involved the validity of a court-closure order and a gag order in a pending consolidated dependency and custody proceeding.

The situation here, however, while embodying practically identical competing factors as those found in T.R., involves whether the public can be denied access to a hearing commenced for the purpose of determining whether a juvenile court proceeding should be open or closed to the public. Specifically, we are asked to determine whether a juvenile court judge has the authority to have the public (including the press) excluded from all or portions of a closure hearing.

The propriety of granting or denying the public access to court proceedings can involve the weighing of competing factors. This is especially apparent when the proceeding at issue pertains to minor children and the circumstances surrounding the case have been the subject of considerable publicity.

On the one hand is the freedom from interference conferred upon the press by the First Amendment to the United States Constitution and Section 11, Article I of the Ohio Constitution, and the open-courts provision of Section 16, Article I of the Ohio Constitution. These liberties and rights bestowed upon the press and public must be, on the other hand, harmonized with the countervailing interests at stake, particularly the power of the courts to control their proceedings for a fair administration of justice and ensure, as parens patriae, that such proceedings not have a detrimental and adverse effect on children whose cases come before the court.

[502]*502We recognize and agree that “[cjhildren have a very special place in life which law should reflect.” May v. Anderson (1953), 345 U.S. 528, 536, 73 S.Ct. 840, 844, 97 L.Ed. 1221, 1228 (Frankfurter, J., concurring). Matters involving children have always been subject to close scrutiny and supervision of the courts. See, generally, Marker v. Grimm (1992), 65 Ohio St.3d 139, 601 N.E.2d 496. Likewise, the public (including the press) has a need and right to have open courts. What transpires in the courtroom is public property, Craig v. Harney (1947), 331 U.S. 367, 374, 67 S.Ct. 1249, 1254, 91 L.Ed. 1546, 1551, and attendance at a public trial promotes fairness and enhances public confidence in the judicial system, Richmond Newspapers, Inc. v. Virginia (1980), 448 U.S. 555, 569-573, 100 S.Ct. 2814, 2823-2825, 65 L.Ed.2d 973, 984-987. “ ‘The principle that justice cannot survive behind walls of silence has long been reflected in the “Anglo-American distrust for secret trials.” ’ ” Id., 448 U.S. at 574, 100 S.Ct. at 2826, 65 L.Ed.2d at 987, fn. 9. See, also, Globe Newspaper Co. v. Superior Court (1982), 457 U.S. 596, 606, 102 S.Ct. 2613, 2619-2620, 73 L.Ed.2d 248, 256-257, wherein the court recognized the benefits of public scrutiny of the judicial process and emphasized that “the circumstances under which the press and public can be barred from á criminal trial are limited; the State’s justification in denying access must be a weighty one.” Similarly, this court has stated that “[t]he guarantee of a public trial is a cornerstone of our democracy which should not be circumvented unless there are extreme overriding circumstances.” State v. Lane (1979), 60 Ohio.St.2d 112, 119, 14 O.O.3d 342, 347, 397 N.E.2d 1338, 1343. There is no question that attendance at a public trial allows the public to learn and understand the functioning of their government. Id. In many instances, public awareness with regard to matters concerning children can be extremely important and useful.

This court has confronted similar issues raised by Richmond and Globe, supra, and their progeny — Press-Enterprise Co. v. Superior Court (1984), 464 U.S. 501, 104 S.Ct. 819, 78 L.Ed.2d 629; and Press-Enterprise Co. v. Superior Court (1986), 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1. In State ex rel. The Repository v. Unger (1986), 28 Ohio St.3d 418, 28 OBR 472, 504 N.E.2d 37, we determined that a public right to access to pretrial proceedings, while not absolute, is embraced by both the United States and Ohio Constitutions. We have also concluded that the rationale underlying the public right of access in criminal trials pertains, with minor exceptions, to juvenile court proceedings. T.R., supra. See, also, Richmond, supra, 448 U.S. at 567, 100 S.Ct. at 2822, 65 L.Ed.2d at 983-984, wherein the Supreme Court, citing certain historical material, indicated that the underpinnings justifying public access to criminal trials apply with equal force to civil trials.

Accordingly, we hold that:

(1) Unless summarily denied, a motion of a party to a juvenile court proceeding (“proceeding”) requesting that the proceeding be closed to the press and public, [503]*503requires the juvenile court to conduct an evidentiary hearing (“closure hearing”) to determine whether closure of the proceeding is warranted. Closure of the proceeding may be warranted upon a showing by the juvenile court that it has followed the standards set forth in In re T.R., supra, at paragraph three of the syllabus, and that there are no reasonable alternatives to closure;

(2) When a party to a juvenile court proceeding asserts that a closure hearing itself should be closed, the juvenile court must conduct an in camera inspection to determine if closure of the closure hearing is appropriate. Any party urging the closure of a proceeding must present to the juvenile court, for its in camera inspection, a written or recorded summary of any testimony sought to be excluded from the public domain. Such summary must contain sufficient information for the juvenile court to make an informed decision, pursuant to the standards set forth in T.R., as to whether any or all of the testimony sought to be excluded from public disclosure should be excluded;

(3) If an in camera inspection is required, the inspection must be conducted with counsel for the parties, the press and the public, if any, present and participating, and such participation is to include a review by counsel of the summary of testimony sought to be excluded;

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State ex rel. Dispatch Printing Co. v. Lias, 628 N.E.2d 1368, 68 Ohio St. 3d 497 (Ohio 1994).

628 N.E.2d 1368 (State ex rel. Dispatch Printing Co. v. Lias) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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