Utah

Delinquency proceedings: Juvenile delinquency hearings involving minors 14 years old or older charged with a felony offense if committed by an adult or a misdemeanor offense if committed by an adult and the juvenile previously had been charged with any offense are generally open to the public unless the court for good cause finds that the hearing should be closed. All other delinquency cases are closed, and only those with a direct interest in the case and those whose presence is requested by the parent or legal guardian may be admitted. Utah Code Ann. § 78A-6-114 (West 2011).

Dependency proceedings: Abuse, neglect and dependency proceedings are generally open to the public. But the court by request of a party or on its own may exclude a person after finding that the person’s presence would be detrimental to the best interest of the child involved, impair the fact-finding process or be otherwise contrary to the interests of justice. Id. Earlier this month, a juvenile court judge in Salt Lake City agreed with the attorneys for the parties that closing a hearing in the case of an 18-year-old asking the state to remove his siblings from their father’s home pending a criminal investigation into the mysterious death of their mother was in the best interest of the 18-year-old and his three younger siblings. The judge also granted a gag order in the case after a guardian ad litem told him that media coverage of the case had caused the 16-, 13- and 11-year-old children difficulty in school. Dennis Romboy, Gag Order Issued as Son of Dead Mother Asks State to Remove Siblings from Father, The Deseret News, May 9, 2012.

Delinquency and dependency records: Juvenile court records are closed to public inspection except by certain individuals and agencies designated by statute and with consent of the judge those having a legitimate interest in the proceedings. But in cases involving minors 14 years old or older and charged with a felony offense if committed by an adult, the petition, any adjudication or disposition orders and the delinquency history summary of the juvenile are open unless the court closes the records for good cause. The juvenile delinquency adjudication or disposition orders and the delinquency history summary of a juvenile charged as an adult with a felony offense also are available for public inspection. Utah Code Ann. § 78A-6-209.

Restrictions on coverage: Utah law allows a trial judge to close the courtroom during certain cases, mainly those involving sexual offenses. In such circumstances, only those people with a direct interest in the proceeding, as well as jurors, witnesses and court officers may remain in the courtroom. Neither the statute nor case law specifies whether the media qualify as those with a direct interest in the proceeding. Id. § 78A-2-208. Court rules also allow victims and witnesses 13 years old and younger to testify about child abuse and sexual offenses outside the presence of the defendant via video-recorded testimony or closed-circuit television. The rule does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there. Utah R. Crim. P. 15.5. Finally, judicial rules governing media in the courtroom prohibit photographing the face of a person known to the photographer to be a minor. Utah R. Jud. Admin. 4-401.