New Hampshire

Date: 
May 1, 2012

 

Delinquency proceedings: Juvenile delinquency proceedings are closed to the public in New Hampshire. N.H. Rev. Stat. Ann. § 169-B:34.

Delinquency records: The public is not allowed access to delinquency court records, and the disclosure of information contained therein without court order is a misdemeanor offense. However, in cases involving violent crimes where the petition alleging adjudication for delinquency is found to be true, the court clerk may disclose the following information after the adjudicatory hearing: 1) the name and address of the juvenile charged; 2) the specific offense; 3) the custody status of the juvenile; and 4) the final disposition ordered by the court. Id. § 169-B:36. Release and publication of information about a juvenile, including the juvenile’s name and address as well as that of the parent or guardian, who is 12 years old or older and found to have committed vandalism or a second or subsequent offense for the possession with intent to distribute any controlled drug also are permitted. Id. § 169-B:46. Although the law specifically states that it is a misdemeanor offense for any newspaper or radio or television station to disclose the name, address or any other identifying information about an arrested juvenile or information about any juvenile court proceeding, non-identifying information about the disposition of delinquency cases involving acts that would be felonies if committed by an adult may be released and published by the media. And the police, with written approval of the county attorney or attorney general, may release to the media the name and photograph of a juvenile if: 1) the juvenile escaped from court-ordered custody; 2) the juvenile has not been apprehended; and 3) there is good cause to believe that the juvenile presents a serious danger to the juvenile or public safety. Id. §§ 169-B:37, 169-B:38.

Dependency proceedings and records: New Hampshire law requires that the general public and any member of the news media be excluded from dependency proceedings, and only those people whose presence is requested or whom the judge deems to have a direct interest in the case or in the work of the court may be admitted. Those individuals are prohibited from disclosing any information obtained during the hearing that would identify any child or parent involved. Id. §§ 169-C:14, 170-C:10. The court records of dependency proceedings are confidential and withheld from public inspection. Id. § 169-C:25.

Restrictions on coverage: New Hampshire law allows a victim or witness who was 16 or younger at the time of the alleged offense to testify about any criminal offense outside the presence of the defendant via video-recorded testimony if the court determines that the child would suffer emotional or mental strain from testifying in open court. The statute does not specify whether the public and media are allowed to remain in the courtroom during this testimony. Id. § 517:13-a.