North Dakota

Delinquency and dependency proceedings: The public is generally excluded from juvenile court proceedings in North Dakota. However, hearings to declare a person in contempt of court are open. Also open to the public are transfer hearings in which the court is considering a petition alleging that a juvenile who is 14 years old or older committed a delinquent act involving the offense of murder, attempted murder, gross sexual imposition or attempted gross sexual imposition by force or the threat of imminent death, serious bodily injury or kidnapping or the manufacture, delivery or possession with the intent to manufacture or deliver a controlled substance. Transfer hearings in which a juvenile has the burden of showing that he or she is amenable to treatment or rehabilitation as a juvenile through available programs also are open. These cases involve alleged delinquent acts involving the offense of manslaughter, aggravated assault, robbery, arson involving an inhabited structure or escape involving the use of a firearm, destructive device or other dangerous weapon or cases where the alleged delinquent act involves an offense that would be a felony if committed by an adult and the child previously has been adjudicated delinquent at least twice for offenses that would be felonies if committed by an adult. The general public must be excluded from all other delinquency and dependency hearings, although the court may allow people with a proper interest in the proceedings to attend. N.D. Cent. Code § 27-20-24 (2011).

Delinquency and dependency records: All juvenile court records are confidential and open to inspection only by court order to people the judge deems to have a legitimate interest in the case or in the work of the court. But general information that does not identify any juvenile, witness or victim in a proceeding is open to the public by request. Also, delinquency files in the court clerk’s office are open for public inspection if the related hearing was open to the public. Id. § 27-20-51.

Law enforcement records are not open to public inspection unless the juvenile is charged as an adult, national security requires disclosure or the court orders disclosure in the interest of the juvenile. But non-identifying general information may be released. Id. § 27-20-52. In order to apprehend a juvenile who is alleged to have committed a delinquent act involving actual or the threat of serious bodily injury that would constitute a felony if committed by an adult or has escaped from a juvenile facility, the juvenile’s name, photograph, fingerprints or other identifying information may be publicly released. Id. § 27-20-51.1.

Restrictions on coverage: North Dakota law does not restrict public access to court proceedings during the testimony of minor witnesses. But the state Supreme Court held that a defendant’s constitutional right to a public trial was not violated by the trial court’s partial closure of his murder and aggravated assault trial during the testimony of a 15-year-old prosecution witness. The record indicated that the trial judge weighed the competing interests of the defendant and public, held three hearings on the closure request and delayed ruling until the media could be heard. The high court affirmed the trial court’s finding that the witness’ hesitation to testify due to extensive media coverage of the case and allegations of possible street-gang repercussions provided a substantial reason for the closure, especially since the court allowed members of the media and the defendant’s immediate family, as well as the victim to remain in the courtroom during the testimony. State v. Garcia, 561 N.W.2d 599, 605—06 (N.D. 1997). Court rules governing media coverage of court proceedings prohibit recording or photographing a juvenile victim or witness in a proceeding in which illegal sexual activity is an element of the evidence. N.D. Sup. Ct. Admin. R. 21.