§ 5-14-2-6 — Hearing procedures

Indiana § 5-14-2-6

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 14: PUBLIC RECORDS AND PUBLIC MEETINGS
• Ch. 2: Public Access to Criminal Proceedings

Text

(a) At the hearing, any party or member of the
general public may object to any proposed exclusion. Any member of
the general public has the right to be represented by counsel.
(b) If no objection is presented to the court, the court may rule upon
the motion to exclude or issue its proposed exclusion order, without
further proceedings.
(c) If an objection is presented to the court, then the party who filed
the motion to exclude, or the court, if it proposed to issue an exclusion
order on its own, has the burden of proving by clear and convincing
evidence that:
(1) dissemination of information about the content of the criminal
proceeding and about its record would create a serious and
imminent danger to the defendant's rights;
(2) any prejudicial effect created by any such dissemination
cannot be avoided by any reasonable alternative means; and
(3) there is a substantial probability that the exclusion will be
effective in protecting against the perceived harm.
(d) If the court finds the burden of proof has not been met, it shall
deny the motion to exclude or withdraw any proposed exclusion order.
(e) If the court finds the burden of proof has been met, it may grant
the motion or issue the proposed order, but:
(1) any exclusion must extend no further than the circumstances
reasonably require; and
(2) the exclusion must be temporary.
A complete record shall be kept and made available to the general
public for public inspection at the earliest time consistent with trial
fairness.
(f) All proceedings on a motion or a proposed court order to exclude
the public must be recorded for subsequent review.
(g) The court must make, on the record, specific findings of fact and
conclusions of law to support its ruling on any such motion or proposed
order.
As added by Acts 1982, P.L.40, SEC.1.