Access to Juvenile Courts

State-by-state guide:

Arizona

Ariz. Rev. Stat. § 8-208 (1998): The following juvenile records are to be open for public inspection: referrals involving delinquent acts; arrest records; delinquency hearings; disposition hearings; revocation of probation hearings; appellate review records; and diversion proceedings involving delinquent acts. The statute allows for the release of juvenile court records to probation employees, the prosecutor and the juvenile’s attorney, other courts and jail authorities. The records of an adoption, severance or dependency proceeding shall not be open to public inspection. Finally, the court may order that the records be kept confidential and withheld from public if the court determines "that the subject matter of any record involves a clear public interest in confidentiality."

Ariz. Juv. Ct. R. 7(c) (1998): Juvenile delinquency and incorrigibility hearings shall be open to the public, except upon the court’s written finding of a need for secrecy to protect the best interests of a victim, a witness, the state, or a clear public interest. In determining whether to close a hearing or a portion thereof, the judge may consider whether an open hearing may: (1) be emotionally harmful to a participant; (2) inhibit testimony, or the disclosure or discussion of information material to the truth-finding or rehabilitation process; or (3) otherwise interfere with rehabilitation of a victim. Any person filing a request to close a hearing or portion of the hearing shall give notice of such request to all persons or entities which have filed an appearance in the case (or to one or more media representatives designated by the court), to the juvenile, to the parents, guardian, or custodian of the juvenile, and to any person who is designated by the court as a party.

Ariz. Juv. Ct. R. P. 19 (1998): The court may exclude any party other than the juvenile or the victim from any hearing. Additionally, the court may impose reasonable restrictions as may be required by the physical limitations of the facility or to maintain order and decorum.

Ariz. Juv. Ct. R. P. 19.1(1998): In general, the juvenile court file shall be open to inspection by the public without order of the court. However, upon a finding by the court of a clear public interest in confidentiality, the file or portions thereof may be withheld from public inspection. Moreover, the social file of a juvenile offender (which contains diagnostic evaluations, psychiatric and psychological reports and medical reports) shall be confidential and withheld from public inspection except upon order of the court.

Ariz. Juv. Ct. R. P. 13(b) (1998): All juvenile transfer proceedings shall be open to the public, except that a judge may close a hearing upon a finding of a need to protect the best interests of a victim, a witness, the state, or a clear public interest in confidentiality. Anyone requesting closure must give public notice.

Juvenile hearing: The Arizona Supreme Court held that a juvenile court hearing on whether to prosecute a child as an adult was open to the public because Arizona Constitution art. VI, § 15, which requires that such hearings be in chambers, does not require that the public be excluded. The court held that there was no abuse in the discretionary decision of the judge to admit the news media to the juvenile transfer hearing. Wideman v. Garbarino, 770 P.2d 320 (Ariz. 1980).

Access granted: The Court of Appeals held that the purpose of a closed hearing in juvenile court is to promote the juvenile’s rehabilitation and to foster his successful reassimilation back into the community by maintaining his anonymity during the juvenile proceedings. The court held, however, that this purpose vanishes once the juvenile court waives its jurisdiction and transfers the juvenile to adult court. See In re Juvenile Action J-96695, 705 P.2d 478 (Ariz. Ct. App. 1985).


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