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Press Access To Juvenile Courts.

May 6, 2014 by Leave a Comment

Federal Arbitration ActA blanket order in LASC’s juvenile court provides that all members of the press “shall be allowed access” to dependency hearings unless there is a reasonable likelihood that access will be harmful to the child’s best interests.” The order further provides that no one may be denied access to a courtroom until an objection has been made, and until the objecting party has demonstrated that harm or detriment to the child is reasonably likely to occur as a result of permitting access. In the present matter, a reporter and an attorney for the Los Angeles Times were present at a pretrial hearing for a minor. The minor’s counsel objected to their presence in the courtroom, and asked to continue the matter in order to brief the confidentiality issue. The court set a briefing schedule, and the minor’s counsel argued the facts in the case are “particularly brutal,” and that press access should be denied because “if the press is allowed to be present while children’s counsel presents arguments regarding the sensitive nature of the case, then the sensitive information will have already been made public and there would be no point in the hearing.” The juvenile court permitted access to the press, and declared the children dependents of the juvenile court. The appellate court reversed the order permitting press access, stating:  “The blanket order interferes with the discretion [Welfare and Institutions Code] section 346 vests in the court to determine, on a case-by-case basis, whether a person may be admitted to the hearing based on a ‘direct and legitimate interest in the particular case or the work of the court.’ Accordingly, the blanket order is invalid and the juvenile court’s order allowing access to The Times in this case is reversed.” (In re A.L.; Los Angeles County Department of Children and Family Services v. J.P.; Appellant Los Angeles Times Communications LLC  (Cal. App. Second Dist., Div. 1; March 3, 2014)224 Cal.App.4th 354, [168 Cal.Rptr.3d 589].)

Filed Under: Appellate Law News, Children Law News, Criminal Law News, First Amendment Law News, Legal News

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