Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

786. Public Trial

The Sixth Amendment right to a public trial attaches to contempt proceedings. Mayberry v. Pennsylvania, 400 U.S. 455, 464 (1971); Bloom v. Illinois, 391 U.S. 194 (1968); Sacher v. United States, 343 U.S. 1 (1952); In re Oliver, 333 U.S. 257 (1948); In re Rosahn, 671 F.2d 690 (2d Cir. 1982). The public may, however, be excluded from the courtroom during that portion of the proceeding in which the minutes of a grand jury are read into the record in a contempt action involving the refusal to testify before a grand jury. See Levine v. United States, 362 U.S. 610 (1960); In re DiBella, 518 F.2d 955 (2d Cir. 1975).

[cited in JM 9-39.000]

Updated September 19, 2018