New Jersey

Delinquency proceedings: If requested by the juvenile or the juvenile’s parent or guardian, the prosecutor or any other interested party, including the media, a court may allow public attendance during any proceeding in a juvenile delinquency case provided the judge determines that there is no substantial likelihood of specific harm to the juvenile. Unless such a request is made and granted, every delinquency hearing will be conducted in private with only those people having a direct involvement in the case present. The judge also may admit those people whom the judge deems to have an interest in the work of the court on the condition that they agree to not record, disclose or publish the names, photographs or other identifying information about people involved in the proceeding except as allowed by the court. N.J. Ct. R. 5:19-2. Hearings to determine whether a juvenile will be tried as an adult are open to the media where the juvenile fails to provide evidence of substantial likelihood that the juvenile would be specifically harmed by an open hearing or establish extraordinary circumstances that would compel exercise of the court’s discretion to close the hearing. State in Interest of Presha, 677 A.2d 806, 810 (N.J. Super. Ct. Ch. Div. 1995). A juvenile’s allegation that testimony of a highly embarrassing nature would occur during his sexual assault delinquency proceeding and that publicity might be detrimental to his rehabilitation were insufficient to deny the news media access to the courtroom. But the victim’s demonstration of a substantial likelihood of specific harm that would occur if the media were allowed to be present — shown through the testimony of the victim’s treating psychiatrist that she suffered from posttraumatic stress disorder and that media coverage would impede her recovery — warranted denial of the newspaper’s request to be present during the hearing. Nonetheless, the court held that a victim has standing to oppose a request to open the juvenile proceeding. State in Interest of K.P., 709 A.2d 315, 317—18, 328 (N.J. Super. Ct. Ch. Div. 1997). In delinquency proceedings where information about the juvenile was lawfully obtained from other sources, a court restriction on the publication of identifying information about the juvenile violates the free press guarantees of the federal and state constitutions. State in Interest of H.N., 632 A.2d 537, 539 (N.J. Super. Ct. App. Div. 1993).

Delinquency records: Social, medical, psychological, legal and other court records pertaining to juveniles charged as delinquents are “strictly safeguarded” from public inspection. N.J. Ct. R. 5:19-2. However, information about the identity of a juvenile adjudicated delinquent, the offense, the adjudication and the disposition will be publicly disclosed where the offense for which the juvenile was adjudicated delinquent would be a crime of the first, second or third degree, aggravated assault or property destruction or damage over $500 if committed by an adult. But if the juvenile demonstrates at the time of disposition a substantial likelihood that specific and extraordinary harm would result from such disclosure, the information may be withheld from public inspection after the judge provides on-the-record reasons why disclosure would be harmful to the juvenile. N.J. Stat. Ann. § 2A:4A-60 (West 2012).

Dependency proceedings and records: Juvenile dependency hearings in New Jersey are conducted in private with only those people having a direct involvement in the case present. The judge also may admit those people whom the judge deems to have an interest in the work of the court on the condition that they agree to not record, disclose or publish the names, photographs or other identifying information about people involved in the proceeding. N.J. Ct. R. 5:17-4. The state Supreme Court held that the compelling state interest in protecting victims of child abuse from the embarrassment of testifying in open court, with the attendant possibility of media coverage, justified the presumption that proceedings involving the termination of parental rights are closed to public, notwithstanding the right of public access to judicial proceedings and records implicit in the First Amendment. This presumption of closure does not, however, equate with a mandatory rule, and members of the public, including the media, must be free to request that they be permitted to attend the proceedings. In those cases, the court must balance the public’s access right against the state’s interest in protecting children from the possible detrimental effects of publicly revealing allegations and evidence relating to parental neglect and abuse, considering such factors as the nature of the allegation and the age and maturity of the child. N.J. Div. of Youth & Family Servs. v. J.B., 576 A.2d 261, 269—70 (N.J. 1990). Social, medical, psychological, legal and other court records that are part of a dependency proceeding are “strictly safeguarded” from public inspection. N.J. Ct. R. 5:17-4.

Restrictions on coverage: New Jersey law allows victims and witnesses who are 16 years old or younger to testify about sexual or child abuse outside the presence of the defendant via closed-circuit television if the court finds that there is a substantial likelihood that the witness would suffer severe emotional or mental distress by testifying in open court. The statute seems to indicate that the public and media are allowed to remain in the courtroom during this testimony. N.J. Stat. Ann. § 2A:84A-32.4. Pursuant to court rules governing cameras in the courts, recording or photographing crime victims 17 years old or younger at the time of trial and witnesses 13 years old or younger at the time of trial is allowed only at the discretion of the judge. But coverage of 17-year-old defendants charged with motor vehicle violations is permissible. N.J. Ct. Directive 10-03.