Arkansas

Delinquency and dependency proceedings: In delinquency proceedings in Arkansas, the juvenile has the right to an open hearing. All other juvenile hearings may be closed at the discretion of the court, and all hearings involving allegations and reports of child mistreatment and cases of children in foster care must be closed. Ark. Code Ann. § 9-27-325 (West 2011). Although a statute prohibits the news media from publishing, without written order of the court, the name, picture or other identifying information of a child involved in a juvenile delinquency proceeding, the Arkansas Supreme Court found that a juvenile judge’s gag order prohibiting the media from photographing juveniles and their families in public places around the courthouse was overbroad and a prior restraint in violation of the First Amendment. In that case, where the proceeding was open to the public and a photograph of the juvenile had been published prior to the judge’s gag order, “the proverbial bell had been rung, so to speak, and could not be unrung. The statutory policy prohibiting revelation of the name and identity of the juvenile had already been thwarted,” the court said. Although the court recognized the juvenile judge’s interest in protecting participants in her proceedings from harassment and maintaining the dignity of her court, the state Supreme Court noted that, “once the juvenile proceedings have been opened to the public, we discern no overriding state interest that would warrant an injunction against photographing [the juvenile involved] and the others entering or leaving the courthouse.” But the court emphasized that its holding did not address a case in which the proceedings were closed by the judge and a gag order issued prior to the first publication of the juvenile’s photograph and other vital information. Ark. Democrat-Gazette v. Zimmerman, 20 S.W.3d 301, 309—10 (Ark. 2000).

Delinquency and dependency records: Juvenile court records are confidential and may not be disclosed except to certain individuals and agencies designated by statute. This presumption of closure does not apply, however, to statistical information or other materials used for research that summarize records, reports or other information in the aggregate if they do not disclose the identity of any juvenile defendant in any proceeding. The arrest and detention records of juveniles who are formally charged with a felony in criminal court also are exempt from the general rule of confidentiality. Ark. Code Ann. § 9-27-309. A separate statute prohibits the news media from publishing, without written court order, the name, picture or other identifying information of a child who is the subject of any juvenile proceeding. Id. § 9-27-348.

Restrictions on coverage: Arkansas law allows victims 16 years old or younger to testify about sexual offenses outside the presence of the defendant via video-recorded testimony. The statute 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. Ark. Code Ann. § 16-44-203. The state’s Supreme Court order governing broadcasting, recording and photographing in the courtroom prohibits coverage of all juvenile matters in the trial court and minors without the consent of their parent or guardian. Ark. Sup. Ct. Admin. Order 6.