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Data From Minnesota Courts

COURTS: Attempts to close a courtroom
Object immediately, directly to the judge if possible. Suggested objection: “Your honor, I am a reporter for (identify newspaper) and I wish to register on the record an objection to the motion to close this proceeding to the public, including the press. Federal and state court decisions, including Minneapolis Star & Tribune Co. vs. Kammeyer, Northwest Publications, Inc. vs. Anderson and Minneapolis Star and Tribune Co. vs. Schumacher require a separate hearing before the courtroom is closed. I respectfully request such a hearing and a temporary recess so our attorney can be present to make the appropriate arguments.”

Criminal vs. civil cases: The judge is clearly required to hold a separate hearing when closing the court in criminal cases. The requirement is not as clear in civil cases, but a strong objection and request for a hearing will often be successful.

Juvenile Proceedings: Juvenile court proceedings and records are almost never open to the public. However, hearings and trials involving 16- and 17-year-olds charged with a felony-level crime are an exception; you can attend these, and you must also be allowed access to records relating to such proceedings. In addition, the judge may allow attendance at ANY juvenile court hearing, but it is strictly at the judge’s discretion.

Attempts to close court records: Object using the same language as that for courtroom closure. In a criminal case, the judge is required to hold a separate hearing before closing records; in a civil case, the requirement is not as clear, but a strong objection and request for a hearing will often be successful.

Routine review of court records: Unless there is a court order closing them, the custodian of records must allow you to inspect nearly all court records, case files and otherwise. The Rules of Access to Judicial Records require the custodian to allow you to review the original records promptly at the time you make the request, or to explain why they are not immediately available. You do not have to request information in writing unless the request is complex or involves a large volume of records. Copying is almost always allowed for a reasonable fee.

Special court proceedings: There are special rules covering certain types of proceedings which can restrict normal court access, including the following: criminal sexual conduct cases when the victim is a minor, grand juries, adoption, paternity, custody of children, and mental and drug abuse commitment cases. Consult your newspaper’s attorney.

If a judge orders you not to publish: Such orders are almost never legal, but consult your editor and/or the newspaper’s attorney before publishing information in violation of such an order. Even though the order is illegal, you can be held in contempt of court if you publish the information before the order is overturned.

If a judge issues a gag order: While it is not legal to “gag” the press, a judge can, in certain cases, order persons such as lawyers, witnesses and jurors not to talk to the press. You may nonetheless interview these people and print what they tell you if they do talk, but always be careful of libel in such situations.