Virginia

Delinquency and dependency proceedings: Juvenile court proceedings generally are closed to the public in Virginia, although the court may admit people whom it deems proper. But delinquency proceedings involving an adult charged with a crime and a juvenile 14 years old or older charged with an offense that would be a felony if committed by an adult are not subject to this general rule of closure. For good cause, however, the court may on request of the accused, the state attorney or on its own close the proceedings. If it does, the court must state in writing its reasons for closure, and the statement will be made part of the public record. Also, in hearings involving criminal charges or traffic offenses, the charged juvenile has the right to a public hearing if he or she so chooses. Va. Code Ann. § 16.1-302 (West 2011).

Delinquency and dependency records: Juvenile court records are confidential and may be inspected only by certain individuals and agencies designated by statute and with court order by those with a legitimate interest in the case, the juvenile or the work of the court. But in delinquency cases where a juvenile 14 years old or older is adjudicated delinquent for an act that would be a felony if committed by an adult, all court records regarding that adjudication are open to the public unless a hearing was closed and the judge has ordered that certain records of that proceeding remain confidential to the extent necessary to protect a juvenile victim or witness. Id. § 16.1-305. Also, in cases where a juvenile 14 years old or older is charged with a delinquent act that would be a serious criminal offense if committed by an adult such as a felony offense involving a weapon, a felony drug offense or an act of violence, the judge may publicly release the juvenile’s name and address “where consideration of the public interest requires.” Id. § 16.1-309.1.

Law enforcement records likewise are not open to public inspection except in cases where juveniles 14 years old or older are charged with a violent juvenile felony such as murder, robbery or rape. Id. § 16.1-301. Certain identifying information also may be publicly released when an alleged juvenile offender or juvenile offender escapes from law enforcement custody or a secure facility. Id. § 16.1-309.1. A Virginia trial court interpreted the statutes that purport to seal the records of all children committed to the state Department of Corrections and other children whether delinquent or dependent to provide at least a limited right of public access to juvenile court records. The court held that only safeguarding the interest of the juvenile in rehabilitation could outweigh the right of public access. In the case before it, in which the 17-year-old juvenile who was the subject of the delinquency records at issue had died, the court concluded that damage to his family and to the deceased child could not justify maintaining the juvenile’s record under seal. The interest of the family and child of the juvenile is no different than that of the family or child of an adult offender and thus does not outweigh the public’s right of access. In re Richmond Newspapers, Inc., 1988 WL 619412, at *5 (Va. Cir. Ct. Dec. 15, 1988).

Restrictions on coverage: Virginia law allows victims 14 years old or younger at the time of the alleged offense and 16 years old or younger at the time of trial and witnesses 14 years old or younger at the time of trial to testify in criminal proceedings involving charges of kidnapping, sexual offenses and murder outside the presence of the defendant via closed-circuit television. The statute does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there. Va. Code Ann. § 18.2-67.9. Court rules governing the photographing and broadcasting of criminal proceedings explicitly prohibit coverage of minor witnesses. Id. § 19.2-266.