Illinois

Delinquency and dependency proceedings: Illinois law provides for media access to juvenile court proceedings but includes limitations on publication. Specifically, the law allows the judge to exclude the general public except for the news media and the crime victim from any hearing. The court may, however, for the minor’s safety and protection and for good cause prohibit anyone present from further disclosing the minor’s identity. 705 Ill. Comp. Stat. Ann. 405/1-5 (West 2012). This provision allows the trial court to suppress the minor’s identity but nothing beyond that. In re M.B., 484 N.E.2d 1154, 1159 (Ill. App. Ct. 1985). Also, the court may prohibit the media from identifying minors when the courtroom was the source for the identities, but it may not prohibit the media from publishing truthful information gathered through common reporting techniques. In re Minor, 563 N.E.2d 1069, 1077 (Ill. App. Ct. 1990). When a judge issues a prior restraint in the context of pending juvenile proceedings, the order will be invalid unless “it is: (1) necessary to obviate a ‘serious and imminent’ threat of impending harm, which (2) cannot adequately be addressed by other, less speech-restrictive means.” In re A Minor, 537 N.E.2d 292, 300 (Ill. 1989). In A Minor, the Illinois Supreme Court determined this standard was not met where the newspaper learned the minor’s name through routine reporting techniques and the state asserted the minor’s safety as the reason for the order. The court noted that the fears for the minor’s safety were speculative, and protective custody was an available alternative. Id. at 301—02. However, a trial court did not abuse its discretion when it excluded a newspaper reporter from a juvenile proceeding involving victims of physical and sexual abuse at the hands of a parent based on its finding that because of the nature of the abuse and size of the community where the victims resided and likely would continue to reside, extensive publicity of the proceedings would adversely affect the victims for the rest of their lives. In re Minor, 563 N.E.2d at 1076.

Delinquency and dependency records: Juvenile court records are confidential and may be inspected only by certain individuals and agencies designated by statute, including representatives of the news media by general or special court order. In cases where the records concern a pending juvenile court case, the party seeking to inspect the records must notify the attorney or guardian ad litem of the minor whose records are sought. In cases that are no longer pending, the minor or the minor’s parent or guardian must be notified, and the request will be referred to the chief judge presiding over juvenile courts. In determining whether the records should be available for inspection, the court should consider the minor’s interest in confidentiality and rehabilitation over the person’s interest in obtaining the information. In delinquency cases, the public has a right of access to the name, address and offense of juveniles adjudicated delinquent for the commission of serious acts. Specifically, such information is publicly available in cases where a juvenile: 1) has been adjudicated delinquent based on the commission of first-degree murder, attempted first-degree murder, aggravated criminal sexual assault or criminal sexual assault; 2) who was 13 years old or older at the time the act was committed and has been adjudicated delinquent based on the commission of an act involving criminal street gang activity, the use of a firearm in the commission of a felony or an act involving cannabis or controlled substances that would be a felony if committed by an adult; 3) who was 13 years old or older at the time the act was committed and has been criminally convicted based on the commission of first-degree murder, attempted first-degree murder, aggravated criminal sexual assault, criminal sexual assault or an act involving criminal street gang activity, the use of a firearm in the commission of a felony or an act involving cannabis or controlled substances that would be a felony if committed by an adult. 705 Ill. Comp. Stat. 405/1-8. Law enforcement records are closed to the public unless the juvenile is being prosecuted as an adult for a criminal offense. Officers may not disclose the identity of any minor when releasing information to the general public about the arrest, investigation or disposition of any case involving a minor. Id. 405/1-7.

Restrictions on coverage: Illinois law allows a trial judge to close the courtroom when a victim 17 years old or younger is testifying about a sexual offense. The media are included among those permitted to remain in the courtroom during this testimony. 725 Ill. Comp. Stat. 5/115-11.