Pennsylvania

Delinquency and dependency proceedings: Members of the public generally are excluded from juvenile court proceedings in Pennsylvania. The general public may not be excluded, however, from delinquency proceedings involving a minor 14 years old or older who allegedly committed any act that would be a felony if committed by an adult and those where a minor 12 years old or older allegedly committed a serious felony such as murder, voluntary manslaughter, kidnapping or others designated by statute. Judges have the discretion to close delinquency proceedings involving younger minors, although individuals with a proper interest in the proceeding or in the work of the court may be admitted. 42 Pa. Cons. Stat. Ann. § 6336 (West 2012). In February, a state appellate court affirmed a juvenile court order closing the delinquency proceeding of a then-11-year-old boy charged with killing his father’s pregnant fiancée and her unborn son because the government’s interest in protecting the privacy of the juvenile outweighed the public’s right of access to the proceeding. Three western Pennsylvania newspapers challenged the order, unsuccessfully arguing that because the juvenile was originally arrested and charged as an adult, the media and public previously had extensive access to information about the case, resulting in widespread public exposure that eliminated the juvenile’s privacy interest. “Indeed, although circumstances surrounding the alleged delinquent act have been presented to the public due to proceedings in criminal court, it is still unknown what additional facts and evidence yet unrevealed would be offered at the upcoming juvenile proceedings,” the court said, also concluding that there were no less restrictive means other than total closure of the proceeding to protect the minor’s privacy. In re J.B., 39 A.3d 421, 433—34 (Pa. Super. Ct. 2012). Applying similar logic to a juvenile dependency case, a court upheld a lower court’s denial of the media’s motion to open the proceedings, stating that even though the minors’ identities had been revealed in news reports after their sister’s murder, the fact that they received some publicity increased their need for privacy because more exposure would further embarrass and stigmatize them. In re M.B., 819 A.2d 59, 64 (Pa. Super. Ct. 2003).

Delinquency and dependency records: The contents of juvenile court records may not be publicly disclosed except in the following cases: 1) the child has been adjudicated delinquent for an act committed when the child was 14 years old or older and the conduct would be considered a felony if committed by an adult or for a serious felony where the child was 12 or 13 years old; and 2) a petition alleging delinquency has been filed and the child previously has been adjudicated delinquent for an offense listed in number 1 above. In such cases, the name, age and address of the child, as well as the offense charged and disposition of the case will be released. 42 Pa. Cons. Stat. Ann. § 6307.

Law enforcement records are not open to public inspection unless the juvenile is charged as an adult, national security requires disclosure or by court order. Police records also are available for public inspection in the same cases in which court records are open as described above. As with court records, only the name, age and address of the child, as well as the offense charged and disposition of the case will be released. Law enforcement records and files contained in the Pennsylvania State Police registry may be disclosed only in certain circumstances involving juveniles who are 14 years old or older and charged with a firearms offense specified by statute. Id. § 6308.

Restrictions on coverage: Pennsylvania law allows victims and material witnesses 15 years old or younger to testify in any prosecution outside the presence of the defendant via video-recorded testimony or simultaneous electronic transmission. The statute does not specify whether the media and public may remain in the courtroom during this testimony. Id. §§ 5982, 5984.1, 5985.