If you’re hunting for information, consider a visit to the courthouse, where you can sift through resource-rich court records or attend (sometimes colorful) court proceedings.
Courts are centers for dispute resolution. They are public forums in which societal norms and values, as reflected in laws, are used to address and correct wrongs. While a number of laws govern the court system, none is so deeply-ingrained as the presumption that court proceedings should be open to the public.
If you are wondering how attending court proceedings or combing through court records might be valuable to you, here are several great reasons to consider acquiring -- and publishing -- information available from the courts:
You’re interested in reporting on justice or the functioning of the court systemSome believe that courts dispense justice; others believe that the law is divorced from justice. One good way to explore this issue is by attending a trial. Non-traditional journalists have already had highly visible success in covering court proceedings, as seen in the 2007 trial of Lewis “Scooter” Libby. A blogger from Firedoglake.com gained press credentials, live-blogged the trial, and provided the public with what the New York Times described as the “fullest, fastest public report” that traditional reporters used to fact check their stories. Salon applauded Firedoglake for producing “insightful” and “superb” coverage “that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” In this case press credentials were necessary due to the intense public interest, but usually they’re not needed for courtroom access.
If you are interested in reporting on justice or the functioning of the court system, you should review the sections on access to federal court and state court proceedings for guidance on how to attend court proceedings. You may want to consult court records to get a better understanding of what is happening in court. For details, see State Court Records and Federal Court Records.
You enjoy publishing a good storyAttorneys engage in storytelling to win the case for their clients. Conflicts are inherently interesting, and the stories presented at trial tend to offer different interpretations of the truth. Tensions run high, and you may find yourself caring deeply about a previously unknown issue. As a result, courtroom dramas can make compelling subjects for blog posts and other website content. You need merely look at the Citizen Media Law Project Blog for evidence of this and the many fascinating "stories" we cover in the Legal Threats Database.
If you enjoy publishing a good story, you should visit the page on Access to the Jury and Trial Participants to find out how to properly contact court participants such as judges, lawyers, parties, witnesses, and jurors to get the juicy details that will bring your story to life.
You have a pre-existing interest in one of the parties in a court proceedingIf a certain person or institution interests you, following their footprints in court often yields a wealth of information. For example, as part of their coverage of the 1972 election, the Washington Post sent a young journalist on a low level assignment to attend the arraignment of five men who had been arrested for breaking into the Democratic National Committee’s headquarters. As the journalist paid close attention to the proceedings, he quickly realized that there were more questions that needed investigating. If Bob Woodward hadn’t attended that seemingly minor court proceeding, the Watergate story might never have been broken.
Besides the obvious value of attending court proceedings, there is a wealth of information available in court records about individuals, corporations, and other organizations that can further aid your investigations. See the sections on access to federal and state court records for guidance on how to access this information.
You enjoy historical researchCourt records can be immensely helpful to historians in two major ways: specific court cases can illuminate a certain aspect of history, and court records in aggregate can show statistical trends that highlight social, cultural, or structural changes. For genealogists, court records can also reveal family relationships, places of residence, occupations, physical or personality descriptions, or naturalization dates. Refer to Genealogy.com and Ancestry.com for more information on how mine court records for information on your family.
If you enjoy historical research, you will find a wealth of information in court files, a growing percentage of which are now available electronically. The sections on access to federal and state court records should help you find the right place to look for the information you need.
Where to Begin
Now that we've whetted your interest in court proceedings and records, it's time to do some research so that you will be able to get access to what you need. Before you jump into the materials in this guide, however, you should first determine whether the documents and/or proceedings you are interested in are associated with the federal court system or a state court system. The the page on Identifying Federal, State, and Local Government Bodies should help, as will a preliminary visit to the courthouse.
Once you've figured out what information you want and where it is located, you should browse the following sections to get a full understanding of your right to access court records and court proceedings:
There are two ways in which you can get information from the federal court system, through attending court proceedings and through accessing court records. For more information, visit the following pages:
Trial Proceedings
As a member of the public, you have a right to attend criminal trials. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearings, the jury selection process, and sentencing and plea procedures.
However, like the general public, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury, or because a child is testifying, and the presence of the public would cause substantial psychological harm to the child or would result in the child’s inability to effectively communicate.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Federal Rule of Criminal Procedure 6(d); see also Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 8-9 (1986).
However, you can speak with witnesses who appear before the grand jury, at least about their own testimony. See Butterworth v. Smith, 494 U.S. 624, 635-36 (1990). Note that witnesses are generally precluded from disclosing the testimony of other witnesses.
Other Proceedings and Conferences
In addition to grand jury proceedings, there are a few other court proceedings and conferences traditionally have been closed to the public. These include “side-bar” or “in-chambers” conferences between counsel and the judge, and plea-bargaining sessions between between the prosecutor and the defendant.
Juvenile Court Proceedings
You may be able to attend criminal juvenile proceedings in federal court. Federal juvenile proceedings, unlike those in many state courts, are not completely closed by law. The court weighs the interests of the juvenile and the public on a case-by-case basis. See United States v. A.D., 28 F.3d 1353, 1361-62 (3d Cir. 1994). However, you should be aware that closure is still the norm in these cases.
You also have a right to attend civil trials. See Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984). Judges in civil courts may close the courtroom to the public only to serve specific interests that override the public's interest in access, and they only may do so if the closure is narrowly tailored to protect those interests. For example, you may be excluded from a courtroom if confidential commercial information, like a trade secret, would be revealed.
Additionally, some elements of the civil judicial system traditionally have been closed to the public. These include “side-bar” or “in-chambers” conferences between counsel and the judge, and settlement or other arbitration meetings between the parties. In addition, pretrial depositions are not public.
Bankruptcy Court
You should be able to attend most bankruptcy court proceedings. The judge may close the courtroom to the public only if a party seeking to close the proceeding has an overriding interest, such as the protection of trade secret information, that is likely to prejudiced and the closure is narrowly tailored to protect that interest.
Court of International Trade
You should be able to attend trials on the merits. See Rule 77(b). Other proceedings may be conducted by the judge in his or her chambers; the public would normally be excluded from these proceedings.
You can inspect and copy judicial records and documents filed in federal court. See Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978). However, your right of access is not absolute, and court documents may be sealed or the records may otherwise be restricted by the law (for example, to protect personal privacy or trade secrets).
Documents related to cases are generally collected in a case file. A case file includes the documents filed by the litigants or issued by the judge, a docket sheet that lists such filings, and transcripts of court proceedings. However, a case file does not include other documents associated with a case, such as materials uncovered through discovery but not filed with the court, trial exhibits that were not admitted into evidence, and notes written by the judge or other court personnel.
Online Access to Court RecordsYou can use Public Access to Court Electronic Records (PACER), an electronic filing system, to access federal court documents. As a member of the public, you can access case and docket information from Federal Appellate, District, and Bankruptcy courts via the Internet. PACER has a relatively complicated, page-based fee system that is described in detail on Overview and FAQ pages.
Using PACER, you can access the following case file documents:
Although PACER allows you to access the above information from all federal courts, each court maintains its own database. If you have questions about the availability of certain documents, you will need to contact the specific federal court for more information.
Grounds for DenialYou may be denied access to a court record for a variety of reasons, including data availability, lack of specificity in your request, and the potential for invasion of privacy due to personal or highly sensitive information. Additionally, courts may seal criminal records when disclosure would threaten the defendant's right to a fair trial.
Your Remedies if You Are Denied AccessYou have several options available if your request for access to court records is denied. First, understand the specific grounds for denial. If the denial was based on insufficient information about the documents, restructure your request by including the information necessary to locate the records. If the denial was based on privacy issues, ask whether the records can be made available after personal data has been redacted.
If the denial was based on a judicial order sealing the records, you may contest the court order. In order to do so, you will need legal assistance in filing an opposition to the court's order and requesting a hearing to open the sealed records. Additionally, the First Amendment Project has a series of steps to follow when you are faced with closed records.
There are two ways in which you can get information from the state court system, through attending court proceedings and through accessing court records. For more information, visit the following pages:
All fifty states and the District of Columbia allow public access to their court proceedings. As with federal courts, state court proceedings are presumed to be open to the public in most cases. However, some variation exists on a state-by-state basis. Choose your state from the list below for state-specific information on accessing state court proceedings. (Note that this guide currently covers only the 15 most populous states and the District of Columbia. We hope to add additional states to the guide at a later date.)
Note: This page covers information specific to California. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in California state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. See the Courts page on the California Courts website for locations, phone numbers, and websites for the California Superior Courts, Courts of Appeal, and Supreme Court. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
As in federal court, you will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Attempting to listen to or observe the proceedings of a grand jury is a misdemeanor. Cal. Penal Code 891.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
Your access to California juvenile proceedings is strictly limited. You will not be admitted to a juvenile court hearing unless either the minor and her parent/guardian requests that the hearing be public or the minor is accused of one of a listed group of serious felonies, such as murder, arson, or rape. Cal. Welf. & Inst. Code 676a.
Even if the minor and her parent consent or the minor is accused of one of those serious crimes, you will still be excluded if the minor is accused of one of several sexual assault-like crimes and the victim requests the hearing be closed, or if the victim was under 16 years old at the time of the offense. Cal. Welf. & Inst. Code 676b.
In general, you can attend civil trial proceedings because the general public has a First Amendment right of access to civil trials. See NBC Subsidiary, Inc. v. Superior Court, 20 Cal. 4th 1178 (1999) (type in citation to retrieve opinion).
Judges may decide to close civil trials under certain conditions. If a judge contemplates closing the trial proceeding, she must provide notice to the public of the anticipated closure and hold a hearing to hear any arguments about the proposed closure. The judge can close the trial proceeding if she expressly finds after the hearing that (i) there exists an overriding interest supporting closure and/or sealing; (ii) there is a substantial probability that the interest will be prejudiced absent closure and/or sealing; (iii) the proposed closure and/or sealing is narrowly tailored to serve the overriding interest; and (iv) there is no less restrictive means of achieving the overriding interest. Id., at 1181-1182.
Additionally, you may not be able to access portions of the trial proceeding. You will not have access to depositions, the “side-bar” or “in-chambers” conferences between counsel and the judge, or settlement or other arbitration meetings between the parties. You will also likely not be able to attend mental competency hearings, unless one of the parties involved asks that the hearing be open. See Cal. Welf. & Inst. Code. 5118.
Family Court
You may be able to attend most court proceedings, however note that a judge may close a trial when she "considers it necessary in the interests of justice and the persons involved." Cal. Family Code 214.
Note: This page covers information specific to the District of Columbia. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in D.C. courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the judiciary's website to find the locations, phone numbers, and websites for the District's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980); see also Kleinbart v. United States, 388 A.2d 878 (D.C. 1978). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are
proceedings in which the prosecutor presents evidence before a group of
jurors who will determine if there is a sufficient basis to bring
criminal charges against a person. Grand jury proceedings are held in
secret and are not considered to be a part of the criminal trial
process. See District of Columbia Superior Court Rules for Criminal Procedure 6(d)(1).
Other Proceedings and Conferences
You will not be able to access a few other hearings that have
traditionally been closed to the public. These include “side-bar” or
“in-chambers” conferences between the lawyers and the judge, and
plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
Juvenile proceedings in the District of Columbia are closed. D.C. Code § 16-2316(e). You may be able to attend if the judge finds that there is a "reasonable assurance that the admission of the press will be consistent with the protection of a juvenile respondent's anonymity." In re J.D.C., 594 A.2d 70, 75 (D.C. 1991). Thus, your attendance will be contingent on your agreement not to divulge information identifying the child or members of the child's family involved in the proceedings. D.C. Code § 16-2316(e)(3).
D.C. courts have not directly taken a position on the openness of civil proceedings, but seem to have assumed there is a presumptive First Amendment right of access. See Mokhiber v. Davis, 537 A.2d 1100, 1110 (D.C. 1988).
Family Court
You will be excluded from Family Court proceedings if either party requests the hearing be closed to the general public. The judge may also close the proceedings on her own initiative. D.C. Code § 16-2344.
Note: This page covers information specific to Florida. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
This page focuses on your ability to access state court proceedings in Florida. You may wish to also familiarize yourself with the Florida Bar Association's Reporter's Handbook to better understand your rights of access to the Florida state court system.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980); See also Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1, 3 (Fla. 1982). This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if there would otherwise be a serious and imminent threat to the administration of justice. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. However, if the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the accused and closure must be an effective way to protect the accused's rights. There must be no alternative available other than change of venue. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986); Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1, 6 (Fla. 1982).
Grand Jury Proceedings
As in federal court, you will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Fla. Stat. 905.24.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You may be able to attend juvenile proceedings in Florida. Juvenile proceedings must be open to the public unless the judge determines the public interest and the welfare of the child are best served by closure. Fla. Stat. 985.035.
There is a "strong presumption of openness" for civil trials in Florida. Barron v. Florida Freedom Newspapers, 531 So. 2d 113, 118-19 (Fla. 1988). A judge will only hold a closed civil trial in limited circumstances. For example, you may excluded from the trial to keep trade secrets safe, to protect national security, and to avoid substantial injury to innocent third parties, such as children in a divorce case. Moreover, the trial court will only close the proceedings if there is no reasonable alternative to closure and the closure is the least restrictive form necessary.
Family Court
You may be able to attend some Family Court proceedings. Custody and other dependency proceedings are presumptively open, unless the judge determines the public interest or the welfare of the child is best served by closing the hearing. Fla. Stat. 39.507(2). However, adoption proceedings in Florida are closed, Fla. Stat. 63.162, as are proceedings to terminate parental rights, Fla. Stat. 39.809(4).
Note: This page covers information specific to Georgia. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Georgia courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Georgia judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend all stages of criminal trials. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980); see also Rockdale Citizen Publishing Co., Inc. v. State, 463 S.E.2d 864, 866-67 (Ga. 1995). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1, 13-15 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have
traditionally been closed to the public. These include “side-bar” or
“in-chambers” conferences between the lawyers and the judge, and
plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You will likely not be able to attend juvenile proceedings in Georgia, as they are presumptively closed. O.C.G.A. 15-11-78(1). However, you may able to attend if the juvenile is accused of certain serious offenses, such as arson, attempted murder, kidnapping, and trafficking in illegal drugs or if the juvenile has been found delinquent previously. You also have the right to challenge any denial of access by arguing that the state's or juveniles' interest in a closed hearing is overridden by the public's interest in a public hearing. See Florida Publishing Co. v. Morgan, 322 S.E.2d 233, 238 (Ga. 1984).
You will likely be able to attend civil trials in Georgia. The United States Court of Appeals for the Eleventh Circuit, which includes Georgia, has ruled that there is a "presumption of openness to civil proceedings." Wilson v. American Motors Corp., 759 F.2d 1568, 1571 (11th Cir. 1985). If a trial court denies public access to the civil proceeding, the denial must be necessitated by a compelling interest and must be narrowly tailored to that interest.
Note: This page covers information specific to Illinois. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
This page focuses on your ability to access state court proceedings in Illinois. You may wish to also familiarize yourself with the Illinois State Bar Association's Media Law Handbook to better understand your rights of access to the Illinois state court system.
Trial Proceedings
You have a First Amendment right to attend all stages of criminal trials . See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. You may also be excluded from a trial alleging certain sexually based offenses when a minor victim testifies. In Illinois, the judge has the ability to close the courtroom to everyone but the media during such testimony. 725 Ill. Comp. Stat. 5/115-11. Note that at least one judge has found that bloggers do not meet the definition of media in a similar context in juvenile proceedings, see the discussion on juvenile proceedings below.
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are
proceedings in which the prosecutor presents evidence before a group of
jurors who will determine if there is a sufficient basis to bring
criminal charges against a person. Grand jury proceedings are held in
secret and are not considered to be a part of the criminal trial
process. 725 Ill. Comp. Stat. 5/112-6.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have
traditionally been closed to the public. These include “side-bar” or
“in-chambers” conferences between the lawyers and the judge, and
plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
It is not clear whether you will be able to attend juvenile procedures in Illinois. Although general public is excluded from all hearings in juvenile court, the members of the news media are allowed to attend. 705 Ill. Comp. Stat. 405/1-5(6). However, at least one juvenile court judge has held that bloggers are not members of the news media for purposes of this law. See the Citizen Media Law Project's blog on Bloggers Are Not Journalists, Illinois Juvenile Court Judge Declares. Note that even if you are allowed to attend the proceeding, your attendance may be contingent on your agreement not to divulge information identifying the child.
You will likely be able to attend civil proceedings, which are "open to the public ... by force of tradition." A.P. v. M.E.E., 821 N.E.2d 1238, 1245 (Ill. App. Ct. 2004).
Note: This page covers information specific to Indiana. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Indiana state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Indiana judiciary's website to find the locations, phone numbers, and websites for the state's Trial Courts, Courts of Appeal, and Supreme Court. Additionally, the Indiana judiciary also has a terrific guide for the media on how best to use the court system.
Trial Proceedings
In Indiana, you have both a First Amendment, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980), and statutory, Ind. Code. Ann. 5-14-2, right to attend all stages of criminal trials. This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom only if there would otherwise be serious and imminent danger to the defendant's rights. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, there must be a substantial probability that the exclusion will be effective in protecting against the perceived harm, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Ind. Code. Ann. 35-34-2-4.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You may attend juvenile court proceedings where the juvenile is accused of murder or another felony. Ind. Code Ann. § 31-32-6-3. However, you do not have a right to attend all juvenile court proceedings as the presiding judge has the discretion to close the proceedings to the general public. Ind. Code Ann. § 31-32-6-2.
You may be also be excluded from attending the testimony of a child witness or victim if the court finds that the allegation or defense involves matters of a sexual nature and that closing the proceeding protects the child's. In making its findings, the court should take into account the nature of the allegation or defense, the age of the child, the psychological maturity of the child, and the child's desire to testify in a closed proceeding. Ind. Code Ann. §§ 31-32-6-4, 31-32-6-5.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Indiana state courts. A civil proceeding may only be closed when the denial of access “is essential to preserve higher values and is narrowly tailored to serve that interest.” See Grove Fresh Distributors, Inc. v. Everfresh Juice Co., 24 F.3d 893, 897 (1994) (internal citation omitted).
Note: This page covers information specific to Massachusetts. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Massachusetts courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Massachusetts judiciary's website to find the locations, phone numbers, and websites for the state's courts. Additionally, the Massachusetts Supreme Judicial Court has published a useful set of Guidelines on the Public's Right of Access to Judicial Proceedings and Records. This pages focuses on your ability to access certain types of proceedings.
You have a First Amendment right to attend criminal trials. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980) This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Mass. Gen. Laws ch. 277, § 5.
Other Proceedings and Conferences You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings You will not be able to attend most juvenile proceedings in Massachusetts. Mass. Gen. Laws ch. 119, § 65. However, you may be able to attend the proceedings if the Commonwealth proceeds by indictment, which occurs if:
Mass. Gen. Laws 119, § 54. For example, if a juvenile is charged with murder, you will likely be able to attend.
You have a common law right of access to civil trials. See Boston Herald v. Superior Court Dep't of the Trial Court, 658 N.E.2d 152, 155 n.7 (Mass. 1995). This right is not absolute but a judge must make every effort to arrive at a reasonable alternative to closure.
Child Welfare Proceedings
These proceedings, such as whether to take a child into the custody of the commonwealth, are closed to the general public. Mass Gen. Laws ch. 119, § 38.
Note: This page covers information specific to Michigan. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Michigan state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Michigan judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right and a statutory right to attend all stages of criminal trials in Michigan state courts. See Richmond Newspapers, Inc. v. Virginia; 448 U.S. 555, 580 (1980), Mich. Comp. Laws 600.1420. This includes the preliminary hearing and the jury selection process.
However, there are times when you will not be able to attend a criminal trial proceeding. Under the Michigan statute, if you are a minor, you may not be able to attend court proceedings involving "scandal or immorality." Id. Additionally, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See Press-Enterprise Co. v. Superior Ct., 478 U.S. 1, 13-15 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Mich. Comp. Laws 767.19f.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You should be able to attend juvenile proceedings in Michigan. However, you may be excluded during the testimony of a child witness or during the testimony of the victim if a party or the victim requests it. The court will consider the nature of the proceedings; the age, maturity, and preference of the witness; and, if the witness is a child, the preference of a parent, guardian, or legal custodian that the proceedings be open or closed. If the juvenile is accused of certain serious crimes, the court may not close the hearing during his testimony. Mich. Ct. R. 3.925.
You have a statutory right to attend civil proceedings in Michigan. Mich. Comp. Laws 600.1420. However, this right is not absolute. For example, the statute specifically exempts cases involving national security. When deciding whether to close the courtroom, a judge must at least "take testimony at a hearing open to all interested parties, explore the constitutional and statutory validity of any proffered justifications for excluding the public and press from any portion of the trial, and determine whether any alternative and less restrictive mechanisms exist." Detroit Free Press v. Macomb Circuit Judge, 275 N.W.2d 482, 484 (Mich. 1979).
Note: This page covers information specific to New Jersey. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in New Jersey state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the New Jersey judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. In addition, there is a strong presumption toward public trials under New Jersey court rules. N.J. Ct. R. 1:2-1.
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. N.J. Ct. R. 3:6-6, 3:6-7.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You must apply to be able to attend juvenile proceedings in New Jersey. The court may grant your application if it determines there is no substantial likelihood that specific harm to the juvenile would result. If you do not make such an application, the judge may allow you to attend if you agree not to record or disclose the names of anyone involved in the hearing without her authorization. However, you may be excluded if the juvenile, her attorney, or the juvenile's guardian objects. N.J. Ct. R. 5:19-2.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in New Jersey state courts. A civil proceeding may only be closed when the denial of access serves an important interest and that there is no less restrictive way to serve that interest. See N.J. Ct. R. 1:2-1; Publicker Indus. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984).
Note: This page covers information specific to New York. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in New York state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the New York judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. In addition, there is a strong presumption toward public trials under New York statutory law. N.Y. Jud. Law 4 (select JUD, Article 2, number 4).
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See N.Y. Crim. Proc. Law § 190.25(4)(a) (select CPL, Article 190, 190.25).
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You may be refused access to juvenile proceedings in New York. N.Y. Family Ct. Act 341.1 (select FCT, Part 4, 341). However, if the judge determines that the case warrants closure, you may be denied access. The judge will consider, among other factors, if you are causing or are likely to cause a disruption, if a party objects to your presence for a compelling reason, if the orderly and sound administration of justice requires your exclusion, and if less restrictive alternatives are available.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in New York state courts. N.Y. Jud. Law 4 (select JUD, Article 2, 4 after clicking on link). However, your right to attend is not absolute; your access to civil proceeding may be restricted when there are compelling reasons for closure. Westmoreland v. Columbia Broadcasting System, Inc., 752 F.2d 16, 23 (2d Cir. 1984).
Family Court
You should be able to attend family court proceedings in New York as there is a presumption that family court proceedings in New York are public. N.Y. Comp. Codes R. & Regs. tit. 22, 205.4 (search for "22 NYCRR 205.4"). However, if the judge determines that the case warrants closure, you may be denied access. The judge will consider, among other factors, if you are causing or are likely to cause a disruption, if a party objects to your presence for a compelling reason, if the orderly and sound administration of justice requires your exclusion, and if less restrictive alternatives are available. For example, the judge may close the courtroom if he determines potential trauma to children would result from your presence.
Note: This page covers information specific to North Carolina. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in North Carolina state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the North Carolina judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. N.C. Gen. Stat. § 15A-623.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
Juvenile proceedings in North Carolina are presumptively open. However, a judge may exclude you from a hearing or part of a hearing if there is good cause to close it. The judge will consider the nature of the allegations against the juvenile, the age and maturity of the juvenile, the benefit to the juvenile of confidentiality, the benefit to the public of an open hearing, and the extent to which the confidentiality of the juvenile's file will be compromised by an open hearing. Note that the hearing will remain open if the juvenile so requests. N.C. Gen. Stat. § 7B-2402.
You have a qualified constitutional right to attend civil court proceedings under the North Carolina State Constitution. N.C. Const. art. I, § 18. Your right of access may be limited when there is a compelling countervailing public interest and closure of the court proceedings or sealing of documents is required to protect such countervailing public interest. The court must consider alternatives before determining that closure is necessary. Virmani v. Presbyterian Health Servs. Corp., 515 S.E.2d 675, 693 (N.C. 1999).
Note: This page covers information specific to Ohio. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Ohio state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Ohio judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. This right is also protected by the Ohio Constitution. Ohio Const. art. I, § 16; see also State v. Lane, 397 N.E.2d 1338 (Ohio 1979).
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Ohio R. Crim. P. 6(e).
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You have a right to attend serious youthful offender proceedings are open to the public. A presiding judge, may in her discretion, excluded the general public from attending all other juvenile court proceeding. However, even if the general public is excluded, you may still be able to gain access if you can demonstrate your need for access is sufficient to outweigh the interest in keeping the hearing closed. Ohio Rev. Code § 2151.35; Ohio Juv. R. 27(1).
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Ohio state courts. However, the right is not absolute; a judge may choose to close the proceedings in certain situations, including those where certain privacy rights of participants or third parties are at stake, trade secrets could be revealed, or national security is involved. Brown & Williamson Tobacco Corp. v. FTC, 710 F.2d 1165, 1177-78 (6th Cir. 1983).
Note: This page covers information specific to Pennsylvania. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Pennsylvania state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Pennsylvania judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process. The Pennsylvania Supreme Court has recognized that the principle of openness is also derived from the common law and the state constitution. Pa. Const. art. 1, § 11; Commonwealth v. Fenstermaker, 530 A.2d 414, 417 (Pa. 1987).
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. 42 Pa. Cons. Stat. § 4549.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You will likely not be able to attend juvenile proceedings in Pennsylvania. However, if the juvenile is over 14 years old and accused of a felony, or is over 12 years old and accused of one of several serious felonies, the proceedings will be open to the public. If the attorney for the commonwealth and the juvenile agree to keep the hearing closed, it will not be open to the public even if those conditions are met. 42 Pa. Cons. Stat. § 6336.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Pennsylvania state courts. A judge will only close a civil proceeding when: the denial of access serves an important interest, there is no less restrictive way to serve that interest, the material is of the kind that courts will protect, and public access will cause serious injury to the party seeing closure. See Storms v. O'Malley, 779 A.2d 548, 569 (Pa. Super. Ct. 2001); see generally Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1071 (3d Cir. 1984).
Note: This page covers information specific to Texas. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Texas state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Texas judiciary's website to find the locations, phone numbers, and websites for the state's District Courts, Courts of Appeal, Supreme Court, and Court of Criminal Appeals. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if there would otherwise be a serious and imminent threat to the administration of justice. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. However, if the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the accused and closure must be an effective way to protect the accused's rights. There must be no alternative available other than change of venue. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
As in federal court, you will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Tex. Code Crim. Proc. art. 20.011, Tex. Code Crim. Proc. art. 20.02.00.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You should be able to attend most juvenile hearings in Texas. Proceedings are public unless the court determines that there is good cause to close them. However, if the juvenile is under the age of 14, you will not be able to attend unless the court finds that the interests of the child or the interests of the public would be better served by opening the hearing. Tex. Fam. Code Ann. § 54.08.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Texas state courts. A civil proceeding may only be closed when the denial of access serves an important interest and that there is no less restrictive way to serve that interest. See Publicker Indus. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984).
Note: This page covers information specific to Virginia. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Virginia state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Virginia judiciary's website to find the locations, phone numbers, and websites for the state's Circuit Courts, Courts of Appeal, and Supreme Court. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. The Virginia state constitution also provides a right of access to court proceedings. Va. Const. art. I, § 12; see Richmond Newspapers, Inc. v. Commonwealth, 281 S.E.2d 915, 922 (Va. 1981).
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Va. Code Ann. § 19.2-192.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You will not be able to attend most juvenile proceedings in Virginia because they are closed under state law. However, proceedings involving juveniles over the age of 14 who are charged with an offense that would be a felony if committed by an adult are presumptively open. Those proceedings may only be closed upon good cause and the court must state its reasons in writing. Va. Code Ann. § 16.1-302(C). The juvenile also has the right to a public trial if he so requests. Va. Code Ann. § 16.1-302(D).
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Virginia state courts. A civil proceeding may only be closed when the denial of access serves an important interest and that there is no less restrictive way to serve that interest. See Publicker Indus. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984).
Note: This page covers information specific to Washington. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Washington state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Washington judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. The Washington state constitution also provides a right of access to court proceedings. Wash. Const. art. I, § 10.
However, your right to attend criminal trial proceedings is not absolute. A judge will close a criminal trial proceeding when: 1)the proponent of closure has shown a need for closure; 2) members of the public who are present at the time closure is requested are given an opportunity to object; 3) the closure is "both the least restrictive means available and effective in protecting the interests threatened"; 4) the judge has weighed competing interests and has considered all alternative methods; and, 5) the closure order is "no broader in its application or duration than necessary." Seattle Times Co. v. Ishikawa, 640 P.2d 716, 719-721 (Wash. 1982); see generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Wash. Rev. Code § 10.27.080.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
In general, you will be able to attend juvenile proceedings involving criminal offenses. However, although such proceedings are presumptively open, a judge may close a particular hearing for good cause. Wash. Rev. Code § 13.40.140(6). See below for information about other proceedings in juvenile court.
You have a right to attend civil proceedings. Wash. Const. art. I, § 10; Cohen v. Everett City Council, 535 P.2d 801, 803 (Wash. 1975). However, this right is not absolute. As in criminal cases, the court looks at the five Ishikawa factors, discussed above, to try to balance the presumption of openness with other interests. See Dreiling v. Jain, 93 P.3d 861, 869-870 (Wash. 2004).
Mental Illness Proceedings You will likely not be able to attend mental illness proceedings. They are closed to the public unless the person who is the subject of the hearing makes a written request for them to be open. Wash. Sup. Ct. Mental Proceedings R. 1.3.
Juvenile Court - Dependency Proceedings
You will probably be able to attend dependency and termination of parent-child relationship hearings. They are presumptively open unless the judge decides holding a closed proceeding is in the best interests of the child. Wash. Rev. Code § 13.34.115. Even if the hearing is closed, you may still be able to attend if the parent so requests unless the judge determines that it is not in the best interests of the child to open the proceedings to the general public.
All fifty states and the District of Columbia allow public access to their court records. While many of these state laws are similar to the law governing Federal Court Records, some variation exists on a state-by-state basis. Choose your state from the list below for state-specific information on accessing court records. (Note that this guide currently covers only the 15 most populous states and the District of Columbia. We hope to add additional states to the guide at a later date.)
Note: This page covers information specific to California. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in California state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the Courts page on the California Courts website for locations, phone numbers, and websites for the California Superior Courts, Courts of Appeal, and Supreme Court. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings. Other types of records that you can access include executed search and arrest warrants, probation officer reports, written victim statements, settlement agreements filed in court, and grand jury testimony resulting in an indictment, once that indictment has been handed down.
Certain categories of records are generally not open to the public:
Beyond that, a court may seal a record or records in a criminal case if it determines that disclosure would threaten the defendant's right to a fair trial. In a civil case, a court may seal documents if it determines that one or both of the parties have a legitimate interest in keeping the documents confidential and that interest outweighs the public interest in accessing the documents. Parties to a civil lawsuit may agree or "stipulate" to the sealing of documents, but this does not remove the court's obligation to determine whether the parties' interest in confidentiality overrides the public interest.
A court must issue an order to seal documents. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. The First Amendment Project has a great script to follow when parties to a lawsuit stipulate to seal documents or you are denied access to court records. If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed.
For additional information on access to court records in California, see the First Amendment Project's Guide to Access to Courts and Court Records in California.
Note: This page covers information specific to the District of Columbia. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in D.C. courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the information page on District of Columbia Courts website for locations, phone numbers, websites, and other information about courts operating in the District. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings. On the other hand, you generally cannot access juvenile court records. In addition, you do not have a right to access documents and materials exchanged between parties to a