Access to Juvenile Courts

State-by-state guide:

South Dakota

S.D. Codified Laws Ann. § 26-7A-36 (1999): In general, all juvenile hearings are closed unless the court finds compelling reasons to require otherwise. However, juvenile hearings will be open when the juvenile was 16 years of age or older at the time of an offense and the crime committed constituted a violent crime or a drug felony if committed by an adult.

S.D. Codified Laws Ann. § 26-7A-37 (1999): Records of a juvenile court proceeding may only be inspected by a party or someone with a legitimate interest in the proceeding.

S.D. Codified Laws Ann. § 26-7A-38 (1999): The news media are forbidden to publish or broadcast the name, picture, identity or address of any juvenile, parent or witness in a juvenile proceeding, unless a court order is obtained. A judge may grant a court order only on a showing of good cause. Violation of this law creates a cause of action for civil damages and a violator may be held in contempt of court.

Access denied: The Supreme Court of South Dakota affirmed a trial court’s decision to deny a newspaper access to the juvenile hearings because the best interest of the child required keeping the proceedings closed. According to the court, the purpose behind closed juvenile proceedings is to "protectively rehabilitate juveniles," in which "the maintenance of confidentiality is a necessary corollary of that purpose." The court found that the newspaper presented no evidence to outweigh this protective design. In the Matter of M.C., 527 N.W.2d 290 (S.C. 1995).


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