Minnesota

Delinquency hearings: Under Minnesota law, juvenile delinquency hearings generally are not open to the public. However, the proceedings are open if a minor has allegedly committed an offense that would be a felony if committed by an adult and the minor was 16 years old or older at the time of the offense. Minn. Stat. Ann. § 260B.163 (West 2012). In a case where it was undisputed that the public had a right of access to a delinquency proceeding given the age and alleged crime of the juvenile, the public also had the right to attend a hearing during which the court would decide whether the juvenile would be tried as an adult. Minneapolis Star Tribune v. Bush, 20 Media L. Rep. (BNA) 2293 (Minn. Ct. App. 1993). But the court may still exclude the public from a transfer hearing when the parties are discussing evidence relating to the minor’s psychological state or other evidence that would not be public in an adult proceeding. In other delinquency proceedings, including transfer hearings that do not qualify under the criteria described above, the court may admit people with a direct interest in the case or in the work of the court. Minn. Stat. Ann. § 260B.163, Minn. Juv. Ct. R. 18.05. The Minnesota Supreme Court held that “the news media have a strong interest in obtaining information regarding our legal institutions and an interest in informing the public about how judicial power in juvenile courts is being exercised.” Because the media have a direct interest in the work of the court, a court may allow journalists to be present during juvenile proceedings that otherwise are closed to the general public. In re Welfare of R.L.K., 269 N.W.2d 367, 370, 371 (Minn. 1978). Although the court was interpreting a different statutory provision that has since been repealed, the language in the applicable statute is identical to that in the old one and thus the court’s reasoning likely is still applicable. It is important to note, however, that In re Welfare of R.L.K. did not involve a juvenile delinquency proceeding but rather a proceeding involving the termination of parental rights.

Delinquency records: Generally, the records of juvenile delinquency proceedings are unavailable to the public. But the public does have access to the written appellate opinions of juvenile courts as well as the records of juvenile delinquency proceedings where the offender is 16 years old or older and has committed a crime that would be a felony if committed by an adult. Minn. Stat. Ann. § 260B.171.

Dependency proceedings and records: Under Minnesota law, juvenile court hearings relating to the termination of parental rights and various other child protection matters are open to the public absent exceptional circumstances. Id. § 260C.163. The records from these proceedings also are available for public inspection. Id. § 260C.171. The Minnesota Court of Appeals held that the possible traumatization of a child involved in a juvenile dependency and neglect proceeding was not a compelling state interest sufficient to justify a gag order on the media. As a result, the trial court’s order prohibiting the media from publishing any information relating to the proceeding in question, including information obtained legally from public records and independent sources, was ruled unconstitutional. Minneapolis Star & Tribune Co. v. Schmidt, 360 N.W.2d 433, 435 (Minn. Ct. App. 1985)

Restrictions on coverage: Minnesota law allows trial judges to close the courtroom when minor victims testify about sexual offenses. Minn. Stat. Ann. § 631.045. The state appellate court upheld a trial court’s decision to allow news reporters into the courtroom during the testimony of minor sexual assault victims on the condition that the journalists not publish the juveniles’ names or disclose information relating to confidential records revealed through their testimony, although the media were not restrained from publishing information they obtained from other sources. Austin Daily Herald v. Mork, 507 N.W.2d 854, 858 (Minn. Ct. App. 1993). The law also allows victims and witnesses 11 years old or younger to testify about physical or sexual abuse or a crime involving violence 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. Minn. Stat. Ann. § 595.02.