Georgia

Delinquency proceedings: As a matter of constitutional jurisprudence, the media and public have a right of access to juvenile delinquency proceedings in Georgia unless there is an overriding or compelling reason for closure. In a case involving a juvenile accused of stealing a boat, the Georgia Supreme Court held that a presumption of closure in “delinquency, deprivation, and unruliness hearings” cannot be conclusive, and the court must in an expeditious manner give the media and public an opportunity to show that the state’s or juvenile’s interest in a closed hearing is not overriding or compelling. Fla. Publ’g Co. v. Morgan, 322 S.E.2d 233, 238 (1984). And a juvenile court likewise found that juvenile felony murder, armed robbery and theft proceedings must be open to the media and public because the public’s interest in disclosure outweighs the state’s or juvenile’s interest in closed proceedings. In re Ross, 16 Media L. Rep. (BNA) 2087, 2088 (Ga. Juv. Ct. 1989). As a matter of statutory law, the public has a right of access to juvenile delinquency proceedings in cases where a juvenile previously has been adjudicated delinquent and in those involving allegations of a felony designated in Ga. Code Ann. § 15-11-63 (West 2011), which include: arson; kidnapping and attempted kidnapping; aggravated assault and battery; armed robbery; attempted murder; drug trafficking; possession, manufacture and distribution of destructive devices; burglary of a retail establishment with the intent to steal and causing more than $500 in damages; racketeering; carjacking; and being adjudicated delinquent three previous times for an offense that would be a felony if committed by an adult. However, the court is required to close delinquency hearings involving allegations of sexual assault or those at which any party expects to introduce evidence related to matters of deprivation, which generally involves abandonment or the lack of proper parental care or control necessary for a child’s physical, mental or emotional health or morals. Id. § 15-11-78. Any person seeking access to a juvenile delinquency proceeding must file a written motion for access prior to the time of the hearing for which access is sought. Ga. Juv. Ct. R. 26.1. The judge may prohibit the media from releasing information that would identify the child or family involved. Ga. Code Ann. § 15-11-78. Pictures of the minor are prohibited. Ga. Juv. Ct. R. 26.2.

Dependency proceedings: In Georgia, a juvenile dependency proceeding is presumptively open. The court may close a hearing only upon making a finding on the record and issuing a signed order as to the reason or reasons for closing all or part of the hearing. The court may close such a hearing on only two grounds: 1) the proceeding involves an allegation of an act that would constitute a sexual offense if committed by an adult; or 2) closure is in the best interest of the child. In deciding whether closure is in the best interest of the child, the court must consider factors such as the age of the child, the nature of the allegations, the effect that an open court proceeding would have on the court’s ability to reunite and rehabilitate the family unit and whether the closure is necessary to protect the privacy of a child, a foster parent or other caretaker of a child or of a victim of domestic violence. The court also has broad discretionary power to refuse to admit a person to a hearing upon making a finding on the record and issuing a signed order that the person’s presence at the hearing would: 1) be detrimental to the best interest of a child who is a party to the proceeding; 2) impair the fact-finding process; or 3) be otherwise contrary to the interest of justice. Ga. Code Ann. § 15-11-78. As with delinquency proceedings, any person seeking access to a juvenile dependency proceeding in Georgia must file a written motion for access prior to the time of the hearing for which access is sought. Ga. Juv. Ct. R. 26.1. The judge may prohibit the media from releasing information that would identify the child or family involved. Ga. Code Ann. § 15-11-78. Pictures of the minor are prohibited. Ga. Juv. Ct. R. 26.2.

Delinquency and dependency records: In general, juvenile court records can be inspected only by court order, but several exceptions exist. The public can inspect court records in delinquency actions if a juvenile previously has been adjudicated delinquent or the case involves allegations of a felony designated in Ga. Code Ann. § 15-11-63. These felonies include: arson; kidnapping and attempted kidnapping; aggravated assault and battery; armed robbery; attempted murder; drug trafficking; possession, manufacture and distribution of destructive devices; burglary of a retail establishment with the intent to steal and causing more than $500 in damages; racketeering; carjacking; and being adjudicated delinquent three previous times for offenses that would be felonies if committed by an adult. Ga. Code Ann. § 15-11-79. In addition, any requesting adult must have reasonable access to records regarding investigations by the state Department of Human Services or a government child protective agency regarding the findings or information about a case of child abuse or neglect that resulted in a fatality or near fatality unless such disclosure would jeopardize a criminal investigation or proceeding. Identifying information, including the name of the child and the child’s caretaker, will be redacted to preserve the confidentiality of the child and other members of the household, including other children. And the actual child abuse records themselves are publicly available in cases where a child who, at the time of the child’s fatality or near fatality, was: 1) in the custody of a state department or agency or foster parent; 2) a child for whom the state Division of Family and Children Services had an open case file; 3) a child who had been, or whose siblings, parents, or other caretakers had been, the subject of a report to the division within the past five years; or 4) the subject of an investigation into or report, referral or complaint of child abuse. Again, identifying information, including the name of the child and the child’s caretaker, will be redacted to preserve the confidentiality of the child and other members of the household, including other children. But once these documents have been released, representatives of the state human services department may comment publicly on the case. Id. § 49-5-41.

Restrictions on coverage: Georgia law allows a trial judge to close the courtroom when a victim or witness 15 years old or younger is testifying about a sexual offense so long as the judge makes specific findings that such closure is essential to preserve higher values and narrowly tailored to serve an overriding interest in closure. Id. § 17-8-54; Goldstein v. State, 640 S.E.2d 599, 602 (Ga. Ct. App. 2006). Under the statute, newspaper and broadcast reporters are included among those permitted to remain in the courtroom during this testimony. Ga. Code Ann. § 17-8-54. The law also allows victims 10 years old or younger to testify about sexual offenses outside the presence of the defendant via closed-circuit television. The statute does not specify whether the media and public may remain in the courtroom during this testimony. Id. § 17-8-55.

Cameras: Georgia is one of only a few states that allow cameras and recording devices in juvenile courts. A request to photograph or record any juvenile proceeding must be made to the court at least two days before the hearing. The judge has the discretion to require pooled coverage, pursuant to the state’s juvenile court rules, which impose further restrictions aimed at mitigating the intrusiveness of the camera equipment. Ga. Juv. Ct. R. 26.2.