Home Browse Media Law Resources Guides Alabama - Open Courts Compendium VIII. Proceedings involving minors

A. Delinquency

Overview

The Supreme Court has not recognized a right of access to juvenile proceedings or records. In an early case, In re Gault, 387 U.S. 1, 25 (1967), the Court found that “[t]here is no reason why, consistently with due process, a state cannot … provide … for the confidentiality of records of police contacts and court action relating to juveniles.” Jurisdictions vary widely in allowing access to juvenile delinquency proceedings. However, the Third Circuit suggested that under some circumstances “an across-the-board ban on access to juvenile proceedings …would pose a substantial constitutional issue.” U.S. v. A.D., 28 F.3d 1353, 1358 (3rd Cir. 1994).

Alabama

Alabama law allows the parties, their counsel, witnesses, and other persons requested by a party to be admitted to delinquency hearings. Ala. Code § 12-15-129 (2009). Other persons as the juvenile court finds to have a “proper interest” in the case or in the work of the juvenile court may be admitted by the juvenile court on condition that the persons refrain from divulging any information which would identify the child under the jurisdiction of the juvenile court or family involved. Id. The general public is specifically excluded from delinquency hearings. Id.