Alabama

Date: 
May 1, 2012

Delinquency and dependency proceedings: Juvenile court proceedings are generally closed to the public in Alabama, although those with a proper interest in the case or in the work of the court may be admitted but only on the condition that they refrain from divulging any information that would identify the child or family involved. Ala. Code § 12-15-129 (2012). But the state intermediate criminal appellate court held that the media’s publication of a juvenile defendant’s name prior to his transfer hearing in violation of the confidentiality law did not violate his right to a fair and impartial hearing where the judge, who of necessity knew the juveniles’ names, rather than a jury sat as the trier of fact. C.S. v. State, 615 So. 2d 1254, 1255 (Ala. Crim. App. 1992).

Delinquency and dependency records: Juvenile court records are confidential in Alabama and may be inspected only by certain individuals and agencies designated by statute. Ala. Code § 12-15-133. But the court may release statistical information regarding the processing and disposition of juvenile cases if the parties cannot be identified from such information and the release is not detrimental to the interests of a child or the work of the juvenile court. Ala. R. Juv. Proc. R. 18.

Restrictions on coverage: Alabama law allows victims and witnesses 15 years old or younger to testify about child or sexual abuse or child sexual exploitation outside the presence of the defendant via video-recorded testimony or closed-circuit television. The law does not specify whether the media and public may remain in the courtroom during this testimony, although it does state that the videotape is subject to a protective order of the court to protect the privacy of the victim. Ala. Code §§ 15-25-2, 15-25-3. Judicial rules governing media coverage of trials and other judicial proceedings prohibit photographing, recording or broadcasting a minor who is testifying if the minor’s parent or guardian expressly objects to the coverage. Ala. Canons of Jud. Ethics 3.