Access to Juvenile Courts

State-by-state guide:

Maryland

Md. Code Ann., Cts. & Jud. Proc. § 3-818 (1998): In general, all juvenile court proceedings are open. Cases where the crime alleged would be a felony if committed by an adult are open unless "good cause" can be shown for closing the proceeding.

Md. Code Ann., Cts. & Jud. Proc. § 3-828 (1998); Md. R. Civ. P. 11-121 (1998): Records are confidential and cannot be released unless the court issues an order to release the records upon a showing of good cause. The court, on its own motion or on petition, and for good cause shown, may order the court records of a child sealed after the child has turned 21 years old. If sealed, the court records may not be open, for any purpose, except by court order and a showing of good cause.

Md. R. Civ. P. 11-104(f) (1998): Courts must list the names of respondents involved in all juvenile felony hearings and post hearing times and places. In addition, the clerk must make the list available to the public prior to convening court on any day the juvenile court is in session.

Juvenile facilities: Public access to juvenile facilities is not prohibited under § 3-828. 78 Op. Att’y Gen. (Sept. 24, 1993).

Confidentiality upheld: The federal district court in Maryland held that there is a compelling governmental concern in preserving the confidentiality of identity of a minor and her family and that this decision is sufficiently narrowly tailored to preserve the confidentiality concerns of the parties. However, the court allowed that any interested party may file a motion requesting further relief regarding the contents of the complaint and the attachments thereto and other court pleadings. M.P. v. Schwartz, 853 F. Supp 164 (D. Md. 1994).

Access granted: The Maryland Court of Appeals held that courts may close juvenile proceedings to the public in instances where closure would be impermissible in other court proceedings. However, the court also held that although a juvenile court has the discretion to exclude the press from a juvenile proceeding, its discretion is not unlimited and must be exercised in accord with the purposes for which it was given and within applicable constitutional limitations. According to the court, although a court can place reasonable restrictions on the media’s use of information obtained in a confidential juvenile proceeding, it cannot limit the media’s publication of information which it legitimately collected from other sources, and cannot condition access to the juvenile proceeding upon the media’s publication of material specified by the court. Baltimore Sun Co. v. State, 667 A.2d 166 (Md. 1995).


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