07A

Overview

Oklahoma

Overview

D.C. Cir.

The D.C. Circuit has found that a District Court erred by ordering that voir dire be conducted in camera in criminal trial except for prospective jurors who elected to be questioned in open court. Cable News Network v. U.S., 824 F.2d 1046 (D.C. Cir.

Overview

California

Overview

Maryland

Watters v. Maryland, 612 A.2d 1288 (Md. 1992). Granted new trial when deputy sheriff excluded public from courtroom during voir dire without knowledge of parties or trial judge, which deprived the defendant of his Six Amendment right to a public trial.

Overview

Oregon

Overview

1st Cir.

The First Circuit follows the Supreme Court’s decision that the First Amendment right of access extends to the voir dire of prospective jurors. See In re Globe Newspaper Co., 729 F.2d 47, 51 (1st Cir. 1984).

Overview

Colorado

Overview

Maine

In Maine, voir dire is generally conducted in open court by the Judge. The attorneys may submit written proposed voir dire question to the judge. Those proposed questions become part of the court file and are available to the same extent as other materials in court records.

Overview

Pennsylvania

Overview

2nd Cir.

Gibbons v. Savage, 555 F.3d 112 (2d Cir. 2009). Closure of voir dire proceedings for one afternoon was too trivial to warrant vacating a criminal conviction.

ABC v. Stewart, 360 F.3d 90 (2d Cir. 2004). Held district court did not set forth sufficient factual basis for closure of voir dire examinations. Vacated lower court’s order that barred the press from attending voir dire proceedings in judge’s chambers.