Limited public disclosure of juvenile matters
Unless prosecuted as an adult, neither the name nor picture of
shall be made public in connection with a juvenile delinquency
U.S.C.A. § 5038(e) (West 1985). This restriction does not
apply to members
of the news media in the private sector. Oklahoma Pub. Co. v.
States, 515 F. Supp. 1255, 1259 (W.D. Okla. 1981). A district
bar the media from publishing information legally obtained.
United States v.
Three Juveniles, 862 F. Supp. 651, 655-58 (D. Mass. 1994). The
Act does not
mandate across-the-board closure for all juvenile proceedings, but
authorizes closure, or any other measures designed to ensure
be determined on a case-by-case basis at the discretion of the
United States v. Three Juveniles, 61 F. 3d 86, 92 (1st Cir.
district court must articulate its reasons for closing juvenile
soundly exercising its discretion. Id.|
Delinquency proceedings should be closed from the public view.
Juveniles, 862 F. Supp. at 655-58. The Act, however, does not
require them to be closed. Three Juveniles, 61 F. 3d at 92
court has discretion on determining the extent to which records of
proceeding should be appropriate for public view. Three
F. Supp. at 658. The Supreme Court has said it is time that the
courts of this
country recognize a general right to inspect judicial records and
Nixon v. Warner Communications, Inc., 435 U.S. 589, 597, 98
S. Ct. 1306,
1312, 55 L. Ed. 2d 570 (1978). This right is not absolute and the
allow such access is left to the sound discretion of the trial
court to be
exercised in light of the relevant facts and circumstances of the
case. Id. at 598-99, 98 S. Ct. at 1312-13.