Arizona

Delinquency proceedings: Juvenile delinquency proceedings are open to the public in Arizona except upon the court’s written finding of a need to protect the best interests of a victim, the juvenile, a witness, the state or a clear public interest in confidentiality. In determining whether to close or partially close a hearing under this standard, the judge may consider whether an open hearing would 1) be emotionally harmful to a participant; 2) inhibit testimony or the disclosure or discussion of information material to the truth-finding or rehabilitation process; or 3) otherwise interfere with the emotional well-being of the victim. Any person requesting closure or partial closure of a hearing must give notice of such request to the parties or any other person designated by the court, which may include one or more representatives of the news media. Ariz. Juv. Ct. R. 19.

Dependency proceedings: Juvenile dependency proceedings are open to the public, although the judge is required to ask the parties at the first hearing in the proceeding if there are any reasons it should be closed. For good cause, the court may order any proceeding to be closed to the public. In considering whether to close the proceeding, the court must consider: 1) whether doing so is in the child’s best interests; 2) whether an open proceeding would endanger the child’s physical or emotional well-being or the safety of any other person; 3) the privacy rights of the child and the child’s family and any other person whose privacy rights the court determines need protection; 4) whether all parties have agreed to allow the proceeding to be open; 5) the child’s wishes if the child is at least 12 years old and a party to the proceeding; and 6) whether an open proceeding could cause specific material harm to a criminal investigation. The court also may impose reasonable restrictions required by the physical limitations of the facility or to maintain order and decorum. Those individuals attending an open hearing may do so only on the condition that they refrain from divulging any information that would identify the child, the child’s family and any other person mentioned in the hearing. Those who violate this order can be held in contempt of court.

If a proceeding has been closed by the court, any person may subsequently request that the court reopen a proceeding or a specific hearing to the public, and the court must reconsider the same factors when ruling on that request. If a proceeding relating to child abuse, abandonment or neglect that has resulted in a fatality or near fatality has been closed by the court, any person may request that a transcript be made of the closed proceeding, the cost of which is borne by the person who requested the transcript. In ruling on this request, the court must consider the same factors it considered when deciding whether to close the proceeding. If the court grants a request for a transcript of a closed proceeding, it must redact from the document any information that is confidential by law or necessary to protect the privacy, well-being or safety of the child, the child’s family or others, as well as any criminal investigation. Ariz. Rev. Stat. Ann. § 8-525; Ariz. Juv. Ct. R. 41.

Delinquency records: The following juvenile delinquency records are open to public inspection in Arizona: the legal files, which include pleadings, motions and orders, of offenders referred to juvenile court; arrest records of juveniles who are charged as adults; delinquency hearings; disposition hearings, or the proceedings during which the judge determines how the case will be resolved; a summary of delinquency, disposition and transfer hearings; revocation of probation hearings; appellate review records; and diversion proceedings involving delinquent acts, or those proceedings involving the informal handling of cases in which there is no formal charge and the case is closed within a specified timeframe assuming the juvenile complies with the terms of the diversion. But the court may order that juvenile records be kept confidential and withheld from the public if it determines that the subject matter of any record involves a clear public interest in confidentiality. Moreover, the social file of a juvenile offender — which contains diagnostic evaluations and psychiatric, psychological and medical reports — is confidential and withheld from public view except upon court order. Ariz. Rev. Stat. Ann. § 8-208 (2012); Ariz. Juv. Ct. R. 19.

Dependency records: The records of a dependency proceeding are not open to public inspection. Ariz. Rev. Stat. Ann. § 8-208. But the state Department of Economic Security, which deals with children, adults and families, may release information to clarify or correct information about an allegation or actual instance of child abuse or neglect made public by sources outside the department, and must publicly release certain information when a case of child abuse, abandonment or neglect results in a fatality or near fatality. Specifically, the department must provide the following preliminary information: 1) the name, age and city, town or general area of residence of the child; 2) the fact that a child died or nearly died as a result of abuse, abandonment or neglect; 3) the name, age and city, town or general area of residence of the alleged perpetrator, if available; 4) whether there have been reports or any current or past cases of abuse, abandonment or neglect involving the child and the alleged abusive or neglectful parent, guardian or custodian; and 5) actions taken by child protective services in response to the fatality or near fatality. If requested, the department must promptly provide as much additional information as possible assuming the county attorney does not believe that such release would cause a specific, material harm to a criminal investigation or violate federal or state confidentiality laws. Any person who believes that the county attorney failed to demonstrate that release of the information would cause a specific, material harm to a criminal investigation may file an action in superior court and request that the court review the information privately in the judge’s chambers and order disclosure. Id. § 8-807.

Restrictions on coverage: Arizona law allows victims and witnesses 14 years old or younger and those with a developmental disability and intelligence quotient score less than 75 regardless of age to testify in any criminal proceeding outside the presence of the defendant via video-recorded testimony or closed-circuit television. The statute does not specify whether the media and public may remain in the courtroom during this testimony. Id. § 13-4251, 13-4253.