Washington

Delinquency proceedings: The presumption is that all juvenile delinquency proceedings are open in Washington, and the public and media may attend unless the court for good cause orders that a particular hearing be closed. Wash. Rev. Code Ann. § 13.40.140 (West 2011). The intermediate appellate court found that a trial court abused its discretion in closing a transfer hearing without making specific findings concerning how an open hearing would prejudice fair trial rights. The court held that the party seeking closure bears the burden of establishing particularized prejudice that would override the public’s compelling interest in open proceedings. The court also required that closure orders supported by adequate written findings be no broader than necessary to protect the competing interests and that the presiding judge consider alternatives to closure. State v. Loukaitis, 918 P.2d 535, 539—40 (Wash. Ct. App. 1996).

Delinquency records: The official juvenile court file of an alleged or actual juvenile offender is open to public inspection. And information not in an official juvenile court file concerning a juvenile or a juvenile’s family may be publicly released only when the information could not reasonably be expected to identify the juvenile or the family. Identifying information about minor victims of sexual assaults by juvenile offenders is confidential and may not be publicly disclosed without permission of the victim or the victim’s guardian. Wash. Rev. Code Ann. § 13.50.050.

Dependency proceedings: Juvenile dependency proceedings generally are closed to the public, although people with a direct interest in the case or in the work of the court may be admitted. Id. § 13.34.110 (West 2011).

Dependency records: Juvenile dependency records generally may be inspected only by certain individuals and agencies designated by statute, including those engaged in legitimate research for educational, scientific or public purposes on the condition that the anonymity of every person mentioned in the records or information will be preserved. Id. § 13.50.010. A trial court abused its discretion when it denied a newspaper reporter’s request for access to delinquency and dependency records because, according to the judge, a newspaper did not constitute legitimate research and news media personnel could not qualify as legitimate researchers — a conclusion based on “untenable grounds,” the state Supreme Court held. Adopting the dictionary definition of legitimate research as “a studious inquiry or examination within the purview of recognized principles or accepted rules and standards,” journalism — in this case, an examination of the effects of the Juvenile Justice Act’s policy of nonintervention in dependency cases on abused children — may qualify as legitimate research, the court concluded. Seattle Times Co. v. Benton, 661 P.2d 964, 967, 969 (Wash. 1983).

Restrictions on coverage: Washington law allows victims and witnesses 9 years old or younger to testify about physical abuse and sexual and violent offenses 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, although it does state that the videotape is subject to a protective order of the court to protect the child witness. Wash. Rev. Code Ann. § 9A.44.150. A trial court order prohibiting the media from photographing minor witnesses during a trial did not violate the court rule that open access to courtroom photography and recording by members of the news media is presumed. The judge made particularized findings that cameras might hinder the juvenile witnesses’ ability to testify given the sensitive subject matter of their testimony and held a special hearing to allow members of the media to voice their concerns about the ruling. State v. Russell, 172 P.3d 361, 364 (Wash. Ct. App. 2007).