State-by-state guide:

Washington

Wash. Rev. Code Ann. § 13.34.110 (1999): Members of the public are to be excluded from juvenile hearings, unless the judge finds that a person has a direct interest in the case or the work of the court.

Wash. Rev. Code Ann. § 13.50.050 (1999): Official juvenile court files of proven juvenile offenders are open to the public; all other records are confidential. Records may be released when an investigation involving the juvenile in question is being pursued. Information not in an official juvenile court file concerning a juvenile or a juvenile’s family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile’s family. In addition, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. A court file may be sealed if the juvenile committed certain sex offenses and at least five years have passed without the juvenile having committed any other criminal offenses. If the court seals the file, the proceedings shall be treated as if they never occurred. Inspection of sealed files and records may be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint. However, any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Finally, information identifying child victims under 18 who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child’s legal guardian. Identifying information includes the child victim’s name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.

Wash. Rev. Code Ann. § 4.24.550 (1999): Public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender.

Wash. Rev. Code Ann. § 13.50.010(8) (1999): Persons can have access to records for research purposes, but only if they preserve the anonymity of anyone mentioned in the records. Persons looking at the records for research purposes must present a notarized statement to the court that the names of the juveniles and parents will remain confidential.

Access denied: The Washington Court of Appeals held that a probable cause hearing in a sexual ly violent predator proceeding was closed to the public, since closure did not unduly interfere with public’s right of access to justice system or free press. Closure serves a number of valid interests, including protection of the privacy interests of the person subject to the proceeding. In re Detention of D.A.H., No. 39299-1, 25 Media L. Rptr. 1536 (Wash. App. Oct. 4, 1996).

Access granted: The Washington Court of Appeals reversed the closure of a juvenile declination hearing prior to the testimony of a psychiatric expert. The court disagreed with the trial court’s general conclusion that the defendant would be denied his Sixth Amendment right to a fair trial if the hearing was closed. State v. Loukaitis, 918 P.2d 535 (Wash. App. 1996).

Access granted: Newspaper can be granted access to records because newspaper research constitutes "legitimate research for educational, scientific, or public purposes" under the statute. Newspaper journalism qualifies as "legitimate research" if reporter satisfies other requirements, such as preserving the anonymity of persons identified in files. The burden of qualifying the project as legitimate research rests with the researcher. Seattle Times Co. v. Benton City, 651 P.2d 964 (Wash. 1983).

Dependency hearings: Statutes governing exclusion of public from dependency hearings and records do not apply to appellate court proceedings. In re Dependency of J.B.S., 856 P.2d 694 (Wash. 1993).

Sealed records: The Superior Court was obligated to seal juvenile records once the statutory requirements were met. State v. Webster, 69 Wash. App. 376, 848 P.2d 1300 (1993).

Access granted: Statute which required courts to ensure that information identifying child victims of sexual assault not be disclosed to the public or press during judicial proceedings or in records violates the right of an press guaranteed by the Washington State Constitution. Allied Daily Newspapers v. Eikenberg, 848 P.2d 1258 (Wash. 1993).