Wisconsin

Delinquency and dependency proceedings: The public is generally excluded from juvenile court proceedings in Wisconsin, but the court may admit people with a proper interest in the case or in the work of the court and those requested by a party and approved by the court. Wis. Stat. Ann. § 48.299 (West 2011). Noting that knowledge of juvenile courts’ philosophy and practice is necessary for their efficient functioning, a court found that members of the news media, who may attend hearings and report to the public what they observed, have a proper interest in the court. Yet, the legislature left it to the discretion of the trial judge to determine on a case-by-case basis whether the interests of the child were in jeopardy in certain cases so as to justify barring the media from the courtroom. State ex rel E.R. v. Flynn, 276 N.W.2d 313, 316 (Wis. Ct. App. 1979). Note that the court was interpreting a provision of an earlier statute that was recodified into the present statute governing access to juvenile courts.

Delinquency and dependency records: Juvenile court records generally are not available for public inspection except by certain individuals and agencies designated by statute. But if a juvenile adjudicated delinquent or found to be in need of protection services escapes from a facility or has been allowed to leave a facility for a specified time period and is absent more than 12 hours after the expiration of the specified period, the department having supervision over the juvenile may publicly release the juvenile’s name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile’s return. Wis. Stat. Ann. § 938.78. In addition, the general rule of confidentiality that applies to law enforcement officers’ records of children does not apply to members of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the child. Id. § 48.396.

In addition, the subunit of the state department responsible for statewide oversight of child abuse and neglect programs must, within two days of its receipt, publicly disclose the fact that an agency that received a report of child abuse or neglect has reason to suspect that death, serious injury or egregious abuse or neglect has occurred. The subunit also must disclose whether the department is conducting a review of the incident and, if so, its scope, the identities of any other agencies with which the department is currently cooperating in conducting the review, whether the child was residing in the home or was placed in an out-of-home placement at the time of the incident and information about the child, including age. Id. § 48.981.

Restrictions on coverage: Wisconsin law allows a trial judge to close the courtroom during a preliminary hearing to determine if there is probable cause to believe the defendant committed a felony if the defendant is accused of a crime under any of several statutorily-designated felonies involving sexual offenses, including those against children, if the compelling interest in protecting a victim from undue embarrassment and emotional trauma would likely be prejudiced if the exclusion were not ordered. Members of the news media are not included among the people entitled to remain. Id. § 970.03. The law also allows witnesses 15 years old or younger to testify in any criminal prosecution outside the presence of the defendant via video-recorded testimony. The law does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there, although it does state that no one may inspect or copy the videotape except by court order. Id § 967.04. The state Supreme Court’s rules governing electronic and photographic coverage of judicial proceedings allow the court for cause to prohibit such coverage on its own or on the request of a participant. In cases involving juveniles, a presumption of validity attends the request. Wis. Sup. Ct. R. 61.11.