North Carolina

Delinquency proceedings: All juvenile delinquency hearings are open to the public in North Carolina unless the court closes or partially closes the hearing by request of a party involved or on its own for good cause. In deciding whether good cause exists to close or partially close a delinquency hearing, the court will consider: 1) the nature of the allegations; 2) the age and maturity of the juvenile; 3) the benefit to the juvenile of confidentiality; 4) the benefit to the public of an open hearing; and 5) the extent to which the confidentiality of the juvenile’s court file will be compromised by an open hearing. The court may not close or partially close a hearing if the juvenile requests that it remain open. N.C. Gen. Stat. Ann. § 7B-2402 (West 2011). Interpreting this statute, a court held that the detention and probable cause hearings in the case of a 15-year-old juvenile charged with the murder of an 8-year-old boy would remain open. The court found that no good cause existed to close the proceedings because the juvenile was at the uppermost age for being tried as a juvenile, the media would continue to cover the case even if the proceedings were closed and the juvenile’s file would remain confidential. In re Juvenile Charged, 30 Media L. Rep. (BNA) 2245 (N.C. County Ct. 2002).

Dependency proceedings: The court may close or partially close abuse, neglect and dependency proceedings to the public. In making that decision, the court will consider: 1) the nature of the allegations; 2) the age and maturity of the juvenile; 3) the benefit to the juvenile of confidentiality; and 4) the benefit to the public of an open hearing. The court may not close or partially close a hearing if the juvenile requests that it remain open. Id. § 7B-801.

Delinquency and dependency records: In juvenile delinquency proceedings, all records are withheld from public inspection any may be examined only by court order. Id. §§ 7B-2901, 7B-3000. Disclosure of identifying information about a juvenile under investigation for an alleged delinquent act is prohibited, but the media’s right to identify and publish the photograph of a juvenile charged with arson and murder is not outweighed by the minor’s interest in confidentiality when the information is lawfully obtained. In the Matter of a Minor Charged in This Proceeding, 463 S.E.2d 72, 72 (N.C. 1995). The publication of photographs of runaway juveniles is permitted with the permission of the juveniles’ parents, and specific information designated by statute, including the juvenile’s photograph, will be publicly released within 24 hours of a juvenile’s escape from custody. Id. §§ 7B-3100, 7B-3102.

A public agency must publicly disclose upon request the findings and information related to a child fatality or near fatality caused by suspected abuse, neglect or mistreatment if: 1) a person is criminally charged with causing the child fatality or near fatality; or 2) the district attorney has certified that a person would be charged with causing the child fatality or near fatality but for that person’s prior death. The agency may refuse to disclose the information, however, if it has a reasonable belief that release of the information: 1) is not authorized by this statute; 2) is likely to cause mental or physical harm or danger to a minor child living in the deceased or injured child’s household; 3) is likely to jeopardize the state’s ability to prosecute the defendant; 4) is likely to jeopardize the defendant’s right to a fair trial; 5) is likely to undermine an ongoing or future criminal investigation; or 6) is not authorized by federal law and regulations. If the request for such information is denied, an appeal may be filed with the appropriate superior court for an order compelling disclosure of the findings and information of the public agency. Legal actions brought under this statute will be scheduled for an immediate hearing, and subsequent proceedings in the action will receive priority by the appellate courts. N.C. Gen. Stat. Ann. § 7B-2902.

Restrictions on coverage: North Carolina law allows a trial court to close the courtroom during the testimony of a victim regardless of age in a case involving a sexual offense. N.C. Gen. Stat. Ann. § 15-166. Under the statute, only officers of the court, the defendant and those involved in the trial may remain in the courtroom during this testimony, but courts have allowed the media to do so as well. Bell v. Jarvis, 236 F.3d 149 (4th Cir. 2000); State v. Yoes, 157 S.E.2d 386 (N.C. 1967). Before the court may close the courtroom, however, it must determine if the party seeking closure has advanced an overriding interest that is likely to be prejudiced. If so, the court must consider reasonable alternatives to closure and make on-the-record findings adequate to support the closure. Finally, the closure must be no broader than necessary to protect the interest identified. State v. Jenkins, 445 S.E.2d 622, 625 (N.C. Ct. App. 1994). Court rules governing media coverage of public judicial proceedings prohibit the recording and photographing of minors. N.C. R. 15.