Louisiana

Delinquency proceedings: Juvenile delinquency proceedings are closed in Louisiana except in cases involving a crime of violence or a delinquent act that is a second or subsequent felony-level adjudication. La. Child. Code Ann. art. 879 (2011). The court also may admit any other person with a proper interest in the proceedings or in the work of the court. Id. art. 407. The news media have standing to intervene and assert a right to attend, and obtain records to, juvenile court proceedings. Chi. Tribune Co. v. Mauffray, 996 So. 2d 1273, 1279—80. (La. Ct. App. 2008).

Dependency proceedings: Hearings in a dependency proceeding generally are closed, although the court may admit any person with an interest in the proceedings or in the work of the court. La. Child. Code Ann. art. 407.

Delinquency and dependency records: Juvenile court records except those involving traffic violations are confidential and may not be disclosed except by certain individuals and agencies designated by statute. But non-identifying information of a general nature, including statistics, is not confidential and may be released without a court order. Id. art. 412. Statistical and other financial data relating to money paid to attorneys out of the court’s judicial expense fund is exempt from the confidentiality protection afforded juvenile court records. Babst v. Jordon, 522 So. 2d 136, 137 (La. Ct. App. 1988). In addition, the district attorney, law enforcement agency or court may release to the public the following identifying information about an alleged or adjudicated child who was 14 years old or older when the delinquent act was committed: 1) the name, age and delinquent act for which the child is being charged when the court has found probable cause that the child committed a crime of violence or a second or subsequent felony-level offense; and 2) the name, age, delinquent act and disposition of a child who has been adjudicated delinquent for a crime of violence, a second or subsequent felony-level offense or the distribution or possession with the intent to distribute a controlled dangerous substance. Law enforcement agencies also may release to the public the name, age, physical description and photograph of a child who has escaped from a juvenile detention center and, in certain circumstances, of a child who is wanted for a felony-level delinquent act involving an offense against a person or a dangerous weapon. La. Child. Code Ann. art. 412.

Restrictions on coverage: Louisiana law allows a trial judge to close the courtroom when a victim 15 years old or younger testifies about a sex offense. During this testimony, the court may allow a “reasonable but limited” number of members of the public and any other person with a valid interest in the proceedings to remain. La. Rev. Stat. Ann. § 15:469.1 (2011). Although the statute applies to minors 15 years old or younger and does not specifically address those 16 or 17 years old, the interests of any minor victim of sexual abuse, upon a proper showing by the state, “may sometimes be protected by a court on a case-to-case basis on the exercise of the court’s inherent power to control its proceedings.” State v. Fletcher, 537 So. 2d 805, 807 (La. Ct. App. 1989). In an aggravated rape case, the court cleared the courtroom of spectators but allowed members of the news media to remain when the victims, the young stepdaughters of the defendant, were testifying. The court concluded that this exclusion did not violate the defendant’s constitutional right to a public trial since the court did not exclude the media and other essential parties. State v. Loyden, 899 So. 2d 166, 179 (La. Ct. App. 2005). The law also allows victims and witnesses 16 years old or younger and those with a developmental disability regardless of age to testify in a criminal proceeding 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 when this testimony is broadcast there. La. Rev. Stat. Ann. § 15:283.