Access to Juvenile Courts

State-by-state guide:

Wisconsin

Wis. Stat. Ann.§ 48.299 (1997): Members of the public are generally excluded from juvenile hearings unless a juvenile demands a public fact-finding hearing. However, the court cannot grant the request for a public hearing if the victim of an alleged sexual assault objects, or if a parent or guardian objects. Anyone who divulges information that would identify the child will be subject to contempt of court charges.

Wis. Stat. Ann.§ 48.396 (1997): Law enforcement officers’ records of children shall not be open to inspection or their contents disclosed. However, representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved may do so. Notably, any person who is denied access to a record may petition the court in writing to order the disclosure of the records. The petition shall include: the type of information sought; the reason the information is being sought; the basis for the petitioner’s belief that the information is contained in the records; the relevance of the information sought to the petitioner’s reason for seeking the information; the petitioner’s efforts to obtain the information from other sources. The court may hold a hearing to take evidence relating to the petitioner’s need for the disclosure. The court shall make an inspection, which may be in camera, of the child’s records. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, it shall then determine whether the petitioner’s need for the information outweighs society’s interest in protecting its confidentiality. In making this determination, the court shall balance the petitioner’s interest in obtaining access to the record against the child’s interest in avoiding the stigma that might result from disclosure. If the court determines that disclosure is warranted, it shall order the disclosure of only as much information as is necessary to meet the petitioner’s need for the information. The court shall record the reasons for its decision to disclose or not to disclose the child’s records. All records related to a decision under this statute are confidential.

Access granted: Trial judge had the power to permit news reporters to attend and report on juvenile court proceedings because the news media have a direct interest in the work of the court. The case was decided under an earlier statute which was recodified into the present statute governing access to juvenile courts. State ex rel E.R. v. Flynn, 276 N.W.2d 313 (Wis. 1979).


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