If you’re hunting for information, consider a visit to the courthouse, where you can sift through resource-rich court records or attend (sometimes colorful) court proceedings.
Courts are centers for dispute resolution. They are public forums in which societal norms and values, as reflected in laws, are used to address and correct wrongs. While a number of laws govern the court system, none is so deeply-ingrained as the presumption that court proceedings should be open to the public.
If you are wondering how attending court proceedings or combing through court records might be valuable to you, here are several great reasons to consider acquiring -- and publishing -- information available from the courts:
You’re interested in reporting on justice or the functioning of the court systemSome believe that courts dispense justice; others believe that the law is divorced from justice. One good way to explore this issue is by attending a trial. Non-traditional journalists have already had highly visible success in covering court proceedings, as seen in the 2007 trial of Lewis “Scooter” Libby. A blogger from Firedoglake.com gained press credentials, live-blogged the trial, and provided the public with what the New York Times described as the “fullest, fastest public report” that traditional reporters used to fact check their stories. Salon applauded Firedoglake for producing “insightful” and “superb” coverage “that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” In this case press credentials were necessary due to the intense public interest, but usually they’re not needed for courtroom access.
If you are interested in reporting on justice or the functioning of the court system, you should review the sections on access to federal court and state court proceedings for guidance on how to attend court proceedings. You may want to consult court records to get a better understanding of what is happening in court. For details, see State Court Records and Federal Court Records.
You enjoy publishing a good storyAttorneys engage in storytelling to win the case for their clients. Conflicts are inherently interesting, and the stories presented at trial tend to offer different interpretations of the truth. Tensions run high, and you may find yourself caring deeply about a previously unknown issue. As a result, courtroom dramas can make compelling subjects for blog posts and other website content. You need merely look at the Citizen Media Law Project Blog for evidence of this and the many fascinating "stories" we cover in the Legal Threats Database.
If you enjoy publishing a good story, you should visit the page on Access to the Jury and Trial Participants to find out how to properly contact court participants such as judges, lawyers, parties, witnesses, and jurors to get the juicy details that will bring your story to life.
You have a pre-existing interest in one of the parties in a court proceedingIf a certain person or institution interests you, following their footprints in court often yields a wealth of information. For example, as part of their coverage of the 1972 election, the Washington Post sent a young journalist on a low level assignment to attend the arraignment of five men who had been arrested for breaking into the Democratic National Committee’s headquarters. As the journalist paid close attention to the proceedings, he quickly realized that there were more questions that needed investigating. If Bob Woodward hadn’t attended that seemingly minor court proceeding, the Watergate story might never have been broken.
Besides the obvious value of attending court proceedings, there is a wealth of information available in court records about individuals, corporations, and other organizations that can further aid your investigations. See the sections on access to federal and state court records for guidance on how to access this information.
You enjoy historical researchCourt records can be immensely helpful to historians in two major ways: specific court cases can illuminate a certain aspect of history, and court records in aggregate can show statistical trends that highlight social, cultural, or structural changes. For genealogists, court records can also reveal family relationships, places of residence, occupations, physical or personality descriptions, or naturalization dates. Refer to Genealogy.com and Ancestry.com for more information on how mine court records for information on your family.
If you enjoy historical research, you will find a wealth of information in court files, a growing percentage of which are now available electronically. The sections on access to federal and state court records should help you find the right place to look for the information you need.
Where to Begin
Now that we've whetted your interest in court proceedings and records, it's time to do some research so that you will be able to get access to what you need. Before you jump into the materials in this guide, however, you should first determine whether the documents and/or proceedings you are interested in are associated with the federal court system or a state court system. The the page on Identifying Federal, State, and Local Government Bodies should help, as will a preliminary visit to the courthouse.
Once you've figured out what information you want and where it is located, you should browse the following sections to get a full understanding of your right to access court records and court proceedings:
There are two ways in which you can get information from the federal court system, through attending court proceedings and through accessing court records. For more information, visit the following pages:
State courts have their own sets of rules and procedures. For more information, visit the following pages:
If you are considering providing live coverage of court proceedings through Twitter, live-blogging, or other social media tools, you will want to read the section on Live-Blogging and Tweeting from Court. Various court rules may affect your ability to provide real-time coverage of court proceedings. These pages provide practical advice on how to avoid legal trouble if you intend to provide live coverage from inside the courthouse, including interviews with journalists and bloggers who have navigated these waters.
Trial Proceedings
As a member of the public, you have a right to attend criminal trials. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearings, the jury selection process, and sentencing and plea procedures.
However, like the general public, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury, or because a child is testifying, and the presence of the public would cause substantial psychological harm to the child or would result in the child’s inability to effectively communicate.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Federal Rule of Criminal Procedure 6(d); see also Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 8-9 (1986).
However, you can speak with witnesses who appear before the grand jury, at least about their own testimony. See Butterworth v. Smith, 494 U.S. 624, 635-36 (1990). Note that witnesses are generally precluded from disclosing the testimony of other witnesses.
Other Proceedings and Conferences
In addition to grand jury proceedings, there are a few other court proceedings and conferences traditionally have been closed to the public. These include “side-bar” or “in-chambers” conferences between counsel and the judge, and plea-bargaining sessions between between the prosecutor and the defendant.
Juvenile Court Proceedings
You may be able to attend criminal juvenile proceedings in federal court. Federal juvenile proceedings, unlike those in many state courts, are not completely closed by law. The court weighs the interests of the juvenile and the public on a case-by-case basis. See United States v. A.D., 28 F.3d 1353, 1361-62 (3d Cir. 1994). However, you should be aware that closure is still the norm in these cases.
You also have a right to attend civil trials. See Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984). Judges in civil courts may close the courtroom to the public only to serve specific interests that override the public's interest in access, and they only may do so if the closure is narrowly tailored to protect those interests. For example, you may be excluded from a courtroom if confidential commercial information, like a trade secret, would be revealed.
Additionally, some elements of the civil judicial system traditionally have been closed to the public. These include “side-bar” or “in-chambers” conferences between counsel and the judge, and settlement or other arbitration meetings between the parties. In addition, pretrial depositions are not public.
Bankruptcy Court
You should be able to attend most bankruptcy court proceedings. The judge may close the courtroom to the public only if a party seeking to close the proceeding has an overriding interest, such as the protection of trade secret information, that is likely to prejudiced and the closure is narrowly tailored to protect that interest.
Court of International Trade
You should be able to attend trials on the merits. See Rule 77(b). Other proceedings may be conducted by the judge in his or her chambers; the public would normally be excluded from these proceedings.
You can inspect and copy judicial records and documents filed in federal court. See Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978). However, your right of access is not absolute, and court documents may be sealed or the records may otherwise be restricted by the law (for example, to protect personal privacy or trade secrets).
Documents related to cases are generally collected in a case file. A case file includes the documents filed by the litigants or issued by the judge, a docket sheet that lists such filings, and transcripts of court proceedings. However, a case file does not include other documents associated with a case, such as materials uncovered through discovery but not filed with the court, trial exhibits that were not admitted into evidence, and notes written by the judge or other court personnel.
Online Access to Court RecordsYou can use Public Access to Court Electronic Records (PACER), an electronic filing system, to access federal court documents. As a member of the public, you can access case and docket information from Federal Appellate, District, and Bankruptcy courts via the Internet. PACER has a relatively complicated, page-based fee system that is described in detail on Overview and FAQ pages.
Using PACER, you can access the following case file documents:
Although PACER allows you to access the above information from all federal courts, each court maintains its own database. If you have questions about the availability of certain documents, you will need to contact the specific federal court for more information.
Grounds for DenialYou may be denied access to a court record for a variety of reasons, including data availability, lack of specificity in your request, and the potential for invasion of privacy due to personal or highly sensitive information. Additionally, courts may seal criminal records when disclosure would threaten the defendant's right to a fair trial.
Your Remedies if You Are Denied AccessYou have several options available if your request for access to court records is denied. First, understand the specific grounds for denial. If the denial was based on insufficient information about the documents, restructure your request by including the information necessary to locate the records. If the denial was based on privacy issues, ask whether the records can be made available after personal data has been redacted.
If the denial was based on a judicial order sealing the records, you may contest the court order. In order to do so, you will need legal assistance in filing an opposition to the court's order and requesting a hearing to open the sealed records. Additionally, the First Amendment Project has a series of steps to follow when you are faced with closed records.
All fifty states and the District of Columbia allow public access to their court proceedings. As with federal courts, state court proceedings are presumed to be open to the public in most cases. However, some variation exists on a state-by-state basis. Choose your state from the list below for state-specific information on accessing state court proceedings. (Note that this guide currently covers only the 15 most populous states and the District of Columbia. We hope to add additional states to the guide at a later date.)
Note: This page covers information specific to Arizona. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Arizona state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Arizona judiciary's website to find the locations, phone numbers, and websites for the state's Superior Courts, Courts of Appeal Division I and Division II, and Supreme Court. This page focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process, but might not include other pre-trial proceedings. The Arizona state constitution also provides a right of access to court proceedings. See Ariz. Const., art. 2, § 11 and art. 6, § 17; Ridenour v. Schwartz, 179 Ariz. 1, 3 (1994).
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
Arizona Rule of Criminal Procedure 9.3 provides specifically that “[a]ll proceedings shall be open to the public, include representatives of the news media, unless the court finds, upon application of the defendant, that an open proceeding presents a clear and present danger to the defendant's right to a fair trial by an impartial jury.” See also Phoenix Newspapers v. Jennings, 107 Ariz. 557, 560 (1971). Rule 9.3 also requires that a “complete record” of any closed proceedings be kept and made available to the public following the completion of the case.
If the trial court closes a proceeding to which there is a First Amendment right of access, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See A.R.S. § 13-2812.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Arizona state courts. See Lewis R. Pyle Memorial Hosp. v. Superior Court, 149 Ariz. 193, 197 (1986) (“There is no doubt that there exists a common law right of access to civil trials.”); Ariz. R. Civ. P. 43(f) (“In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules or the Arizona Rules of Evidence.”). A civil proceeding may only be closed if there is "a compelling governmental interest and [the closure is] narrowly tailored to serve that interest." Ridenour, 179 Ariz. at 3. But if the closure is only temporary, "it may be sustained if it is reasonable and neutral." Id.
You may be able to attend certain kinds of juvenile proceedings in Arizona.
Arizona Rule of Juvenile Procedure 19 provides that “[d]elinquency, incorrigibility, diversion involving delinquent acts and transfer proceedings shall be open to the public” unless the court makes a written finding that closure is necessary to protect the best interests of a victim, the juvenile, a witness, or the state, or that there is “a clear public interest in confidentiality.” Upon request of any person that the proceeding be closed, the court must hold a hearing prior to the proceeding to consider the positions of the parties. See Rules of Procedure for the Juvenile Court.
A.R.S. § 8-525 provides that court proceedings relating to dependent children, permanent guardianship, termination of parental rights, and child abuse and neglect cases that have resulted in a fatality or near fatality are open to the public. However, “[f]or good cause shown,” the court may order any proceeding to be closed to the public. The court must consider a variety of factors, include the child’s best interests, the privacy rights of the parties or other individuals, the agreement of the parties, and the preferences of a child over 12. If a hearing is open, attendees are still prohibited from disclosing identifying information about the child, the child’s siblings, parents, and certain other individuals. See also Ariz. R. Juv. P. 41.
Finally, emancipation hearings are open to the public unless the court finds in writing that closing the hearing is necessary “to protect a party, or a clear public interest in confidentiality.” Ariz. R. Juv. P. 92.
Note: This page covers information specific to California. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in California state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. See the Courts page on the California Courts website for locations, phone numbers, and websites for the California Superior Courts, Courts of Appeal, and Supreme Court. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
As in federal court, you will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Attempting to listen to or observe the proceedings of a grand jury is a misdemeanor. Cal. Penal Code 891.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
Your access to California juvenile proceedings is strictly limited. You will not be admitted to a juvenile court hearing unless either the minor and her parent/guardian requests that the hearing be public or the minor is accused of one of a listed group of serious felonies, such as murder, arson, or rape. Cal. Welf. & Inst. Code 676a.
Even if the minor and her parent consent or the minor is accused of one of those serious crimes, you will still be excluded if the minor is accused of one of several sexual assault-like crimes and the victim requests the hearing be closed, or if the victim was under 16 years old at the time of the offense. Cal. Welf. & Inst. Code 676b.
In general, you can attend civil trial proceedings because the general public has a First Amendment right of access to civil trials. See NBC Subsidiary, Inc. v. Superior Court, 20 Cal. 4th 1178 (1999) (type in citation to retrieve opinion).
Judges may decide to close civil trials under certain conditions. If a judge contemplates closing the trial proceeding, she must provide notice to the public of the anticipated closure and hold a hearing to hear any arguments about the proposed closure. The judge can close the trial proceeding if she expressly finds after the hearing that (i) there exists an overriding interest supporting closure and/or sealing; (ii) there is a substantial probability that the interest will be prejudiced absent closure and/or sealing; (iii) the proposed closure and/or sealing is narrowly tailored to serve the overriding interest; and (iv) there is no less restrictive means of achieving the overriding interest. Id., at 1181-1182.
Additionally, you may not be able to access portions of the trial proceeding. You will not have access to depositions, the “side-bar” or “in-chambers” conferences between counsel and the judge, or settlement or other arbitration meetings between the parties. You will also likely not be able to attend mental competency hearings, unless one of the parties involved asks that the hearing be open. See Cal. Welf. & Inst. Code. 5118.
Family Court
You may be able to attend most court proceedings, however note that a judge may close a trial when she "considers it necessary in the interests of justice and the persons involved." Cal. Family Code 214.
Note: This page covers information specific to the District of Columbia. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in D.C. courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the judiciary's website to find the locations, phone numbers, and websites for the District's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980); see also Kleinbart v. United States, 388 A.2d 878 (D.C. 1978). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are
proceedings in which the prosecutor presents evidence before a group of
jurors who will determine if there is a sufficient basis to bring
criminal charges against a person. Grand jury proceedings are held in
secret and are not considered to be a part of the criminal trial
process. See District of Columbia Superior Court Rules for Criminal Procedure 6(d)(1).
Other Proceedings and Conferences
You will not be able to access a few other hearings that have
traditionally been closed to the public. These include “side-bar” or
“in-chambers” conferences between the lawyers and the judge, and
plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
Juvenile proceedings in the District of Columbia are closed. D.C. Code § 16-2316(e). You may be able to attend if the judge finds that there is a "reasonable assurance that the admission of the press will be consistent with the protection of a juvenile respondent's anonymity." In re J.D.C., 594 A.2d 70, 75 (D.C. 1991). Thus, your attendance will be contingent on your agreement not to divulge information identifying the child or members of the child's family involved in the proceedings. D.C. Code § 16-2316(e)(3).
D.C. courts have not directly taken a position on the openness of civil proceedings, but seem to have assumed there is a presumptive First Amendment right of access. See Mokhiber v. Davis, 537 A.2d 1100, 1110 (D.C. 1988).
Family Court
You will be excluded from Family Court proceedings if either party requests the hearing be closed to the general public. The judge may also close the proceedings on her own initiative. D.C. Code § 16-2344.
Note: This page covers information specific to Florida. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
This page focuses on your ability to access state court proceedings in Florida. You may wish to also familiarize yourself with the Florida Bar Association's Reporter's Handbook to better understand your rights of access to the Florida state court system.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980); See also Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1, 3 (Fla. 1982). This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if there would otherwise be a serious and imminent threat to the administration of justice. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. However, if the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the accused and closure must be an effective way to protect the accused's rights. There must be no alternative available other than change of venue. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986); Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1, 6 (Fla. 1982).
Grand Jury Proceedings
As in federal court, you will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Fla. Stat. 905.24.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You may be able to attend juvenile proceedings in Florida. Juvenile proceedings must be open to the public unless the judge determines the public interest and the welfare of the child are best served by closure. Fla. Stat. 985.035.
There is a "strong presumption of openness" for civil trials in Florida. Barron v. Florida Freedom Newspapers, 531 So. 2d 113, 118-19 (Fla. 1988). A judge will only hold a closed civil trial in limited circumstances. For example, you may excluded from the trial to keep trade secrets safe, to protect national security, and to avoid substantial injury to innocent third parties, such as children in a divorce case. Moreover, the trial court will only close the proceedings if there is no reasonable alternative to closure and the closure is the least restrictive form necessary.
Family Court
You may be able to attend some Family Court proceedings. Custody and other dependency proceedings are presumptively open, unless the judge determines the public interest or the welfare of the child is best served by closing the hearing. Fla. Stat. 39.507(2). However, adoption proceedings in Florida are closed, Fla. Stat. 63.162, as are proceedings to terminate parental rights, Fla. Stat. 39.809(4).
Note: This page covers information specific to Georgia. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Georgia courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Georgia judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend all stages of criminal trials. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980); see also Rockdale Citizen Publishing Co., Inc. v. State, 463 S.E.2d 864, 866-67 (Ga. 1995). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1, 13-15 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have
traditionally been closed to the public. These include “side-bar” or
“in-chambers” conferences between the lawyers and the judge, and
plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You will likely not be able to attend juvenile proceedings in Georgia, as they are presumptively closed. O.C.G.A. 15-11-78(1). However, you may able to attend if the juvenile is accused of certain serious offenses, such as arson, attempted murder, kidnapping, and trafficking in illegal drugs or if the juvenile has been found delinquent previously. You also have the right to challenge any denial of access by arguing that the state's or juveniles' interest in a closed hearing is overridden by the public's interest in a public hearing. See Florida Publishing Co. v. Morgan, 322 S.E.2d 233, 238 (Ga. 1984).
You will likely be able to attend civil trials in Georgia. The United States Court of Appeals for the Eleventh Circuit, which includes Georgia, has ruled that there is a "presumption of openness to civil proceedings." Wilson v. American Motors Corp., 759 F.2d 1568, 1571 (11th Cir. 1985). If a trial court denies public access to the civil proceeding, the denial must be necessitated by a compelling interest and must be narrowly tailored to that interest.
Note: This page covers information specific to Illinois. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
This page focuses on your ability to access state court proceedings in Illinois. You may wish to also familiarize yourself with the Illinois State Bar Association's Media Law Handbook to better understand your rights of access to the Illinois state court system.
Trial Proceedings
You have a First Amendment right to attend all stages of criminal trials . See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process.
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. You may also be excluded from a trial alleging certain sexually based offenses when a minor victim testifies. In Illinois, the judge has the ability to close the courtroom to everyone but the media during such testimony. 725 Ill. Comp. Stat. 5/115-11. Note that at least one judge has found that bloggers do not meet the definition of media in a similar context in juvenile proceedings, see the discussion on juvenile proceedings below.
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are
proceedings in which the prosecutor presents evidence before a group of
jurors who will determine if there is a sufficient basis to bring
criminal charges against a person. Grand jury proceedings are held in
secret and are not considered to be a part of the criminal trial
process. 725 Ill. Comp. Stat. 5/112-6.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have
traditionally been closed to the public. These include “side-bar” or
“in-chambers” conferences between the lawyers and the judge, and
plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
It is not clear whether you will be able to attend juvenile procedures in Illinois. Although general public is excluded from all hearings in juvenile court, the members of the news media are allowed to attend. 705 Ill. Comp. Stat. 405/1-5(6). However, at least one juvenile court judge has held that bloggers are not members of the news media for purposes of this law. See the Citizen Media Law Project's blog on Bloggers Are Not Journalists, Illinois Juvenile Court Judge Declares. Note that even if you are allowed to attend the proceeding, your attendance may be contingent on your agreement not to divulge information identifying the child.
You will likely be able to attend civil proceedings, which are "open to the public ... by force of tradition." A.P. v. M.E.E., 821 N.E.2d 1238, 1245 (Ill. App. Ct. 2004).
Note: This page covers information specific to Indiana. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Indiana state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Indiana judiciary's website to find the locations, phone numbers, and websites for the state's Trial Courts, Courts of Appeal, and Supreme Court. Additionally, the Indiana judiciary also has a terrific guide for the media on how best to use the court system.
Trial Proceedings
In Indiana, you have both a First Amendment, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980), and statutory, Ind. Code. Ann. 5-14-2, right to attend all stages of criminal trials. This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom only if there would otherwise be serious and imminent danger to the defendant's rights. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, there must be a substantial probability that the exclusion will be effective in protecting against the perceived harm, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Ind. Code. Ann. 35-34-2-4.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You may attend juvenile court proceedings where the juvenile is accused of murder or another felony. Ind. Code Ann. § 31-32-6-3. However, you do not have a right to attend all juvenile court proceedings as the presiding judge has the discretion to close the proceedings to the general public. Ind. Code Ann. § 31-32-6-2.
You may be also be excluded from attending the testimony of a child witness or victim if the court finds that the allegation or defense involves matters of a sexual nature and that closing the proceeding protects the child's. In making its findings, the court should take into account the nature of the allegation or defense, the age of the child, the psychological maturity of the child, and the child's desire to testify in a closed proceeding. Ind. Code Ann. §§ 31-32-6-4, 31-32-6-5.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Indiana state courts. A civil proceeding may only be closed when the denial of access “is essential to preserve higher values and is narrowly tailored to serve that interest.” See Grove Fresh Distributors, Inc. v. Everfresh Juice Co., 24 F.3d 893, 897 (1994) (internal citation omitted).
Note: This page covers information specific to Massachusetts. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
For additional information about engaging in journalism in the Commonwealth of Massachusetts, please see our printable PDF guide Newsgathering in Massachusetts, co-produced with the Harvard Law School Cyberlaw Clinic.
You have a right to attend most court proceedings in Massachusetts courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Massachusetts judiciary's website to find the locations, phone numbers, and websites for the state's courts. Additionally, the Massachusetts Supreme Judicial Court has published a useful set of Guidelines on the Public's Right of Access to Judicial Proceedings and Records. This pages focuses on your ability to access certain types of proceedings.
You have a First Amendment right to attend criminal trials. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980) This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Mass. Gen. Laws ch. 277, § 5.
Other Proceedings and Conferences You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings You will not be able to attend most juvenile proceedings in Massachusetts. Mass. Gen. Laws ch. 119, § 65. However, you may be able to attend the proceedings if the Commonwealth proceeds by indictment, which occurs if:
Mass. Gen. Laws 119, § 54. For example, if a juvenile is charged with murder, you will likely be able to attend.
You have a common law right of access to civil trials. See Boston Herald v. Superior Court Dep't of the Trial Court, 658 N.E.2d 152, 155 n.7 (Mass. 1995). This right is not absolute but a judge must make every effort to arrive at a reasonable alternative to closure.
Child Welfare Proceedings
These proceedings, such as whether to take a child into the custody of the commonwealth, are closed to the general public. Mass Gen. Laws ch. 119, § 38.
Note: This page covers information specific to Michigan. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Michigan state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Michigan judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right and a statutory right to attend all stages of criminal trials in Michigan state courts. See Richmond Newspapers, Inc. v. Virginia; 448 U.S. 555, 580 (1980), Mich. Comp. Laws 600.1420. This includes the preliminary hearing and the jury selection process.
However, there are times when you will not be able to attend a criminal trial proceeding. Under the Michigan statute, if you are a minor, you may not be able to attend court proceedings involving "scandal or immorality." Id. Additionally, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See Press-Enterprise Co. v. Superior Ct., 478 U.S. 1, 13-15 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Mich. Comp. Laws 767.19f.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You should be able to attend juvenile proceedings in Michigan. However, you may be excluded during the testimony of a child witness or during the testimony of the victim if a party or the victim requests it. The court will consider the nature of the proceedings; the age, maturity, and preference of the witness; and, if the witness is a child, the preference of a parent, guardian, or legal custodian that the proceedings be open or closed. If the juvenile is accused of certain serious crimes, the court may not close the hearing during his testimony. Mich. Ct. R. 3.925.
You have a statutory right to attend civil proceedings in Michigan. Mich. Comp. Laws 600.1420. However, this right is not absolute. For example, the statute specifically exempts cases involving national security. When deciding whether to close the courtroom, a judge must at least "take testimony at a hearing open to all interested parties, explore the constitutional and statutory validity of any proffered justifications for excluding the public and press from any portion of the trial, and determine whether any alternative and less restrictive mechanisms exist." Detroit Free Press v. Macomb Circuit Judge, 275 N.W.2d 482, 484 (Mich. 1979).
Note: This page covers information specific to New Jersey. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in New Jersey state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the New Jersey judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. In addition, there is a strong presumption toward public trials under New Jersey court rules. N.J. Ct. R. 1:2-1.
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. N.J. Ct. R. 3:6-6, 3:6-7.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You must apply to be able to attend juvenile proceedings in New Jersey. The court may grant your application if it determines there is no substantial likelihood that specific harm to the juvenile would result. If you do not make such an application, the judge may allow you to attend if you agree not to record or disclose the names of anyone involved in the hearing without her authorization. However, you may be excluded if the juvenile, her attorney, or the juvenile's guardian objects. N.J. Ct. R. 5:19-2.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in New Jersey state courts. A civil proceeding may only be closed when the denial of access serves an important interest and that there is no less restrictive way to serve that interest. See N.J. Ct. R. 1:2-1; Publicker Indus. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984).
Note: This page covers information specific to New York. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in New York state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the New York judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. In addition, there is a strong presumption toward public trials under New York statutory law. N.Y. Jud. Law 4.
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See N.Y. Crim. Proc. Law § 190.25(4)(a).
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You may be refused access to juvenile proceedings in New York. N.Y. Family Ct. Act 341.1. However, if the judge determines that the case warrants closure, you may be denied access. The judge will consider, among other factors, if you are causing or are likely to cause a disruption, if a party objects to your presence for a compelling reason, if the orderly and sound administration of justice requires your exclusion, and if less restrictive alternatives are available.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in New York state courts. N.Y. Jud. Law 4. However, your right to attend is not absolute; your access to civil proceeding may be restricted when there are compelling reasons for closure. Westmoreland v. Columbia Broadcasting System, Inc., 752 F.2d 16, 23 (2d Cir. 1984).
Family Court
You should be able to attend family court proceedings in New York as there is a presumption that family court proceedings in New York are public. N.Y. Comp. Codes R. & Regs. tit. 22, 205.4 (search for "22 NYCRR 205.4"). However, if the judge determines that the case warrants closure, you may be denied access. The judge will consider, among other factors, if you are causing or are likely to cause a disruption, if a party objects to your presence for a compelling reason, if the orderly and sound administration of justice requires your exclusion, and if less restrictive alternatives are available. For example, the judge may close the courtroom if he determines potential trauma to children would result from your presence.
Note: This page covers information specific to North Carolina. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in North Carolina state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the North Carolina judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. N.C. Gen. Stat. § 15A-623.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
Juvenile proceedings in North Carolina are presumptively open. However, a judge may exclude you from a hearing or part of a hearing if there is good cause to close it. The judge will consider the nature of the allegations against the juvenile, the age and maturity of the juvenile, the benefit to the juvenile of confidentiality, the benefit to the public of an open hearing, and the extent to which the confidentiality of the juvenile's file will be compromised by an open hearing. Note that the hearing will remain open if the juvenile so requests. N.C. Gen. Stat. § 7B-2402.
You have a qualified constitutional right to attend civil court proceedings under the North Carolina State Constitution. N.C. Const. art. I, § 18. Your right of access may be limited when there is a compelling countervailing public interest and closure of the court proceedings or sealing of documents is required to protect such countervailing public interest. The court must consider alternatives before determining that closure is necessary. Virmani v. Presbyterian Health Servs. Corp., 515 S.E.2d 675, 693 (N.C. 1999).
Note: This page covers information specific to Ohio. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Ohio state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Ohio judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. This right is also protected by the Ohio Constitution. Ohio Const. art. I, § 16; see also State v. Lane, 397 N.E.2d 1338 (Ohio 1979).
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. Ohio R. Crim. P. 6(e).
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You have a right to attend serious youthful offender proceedings are open to the public. A presiding judge, may in her discretion, excluded the general public from attending all other juvenile court proceeding. However, even if the general public is excluded, you may still be able to gain access if you can demonstrate your need for access is sufficient to outweigh the interest in keeping the hearing closed. Ohio Rev. Code § 2151.35; Ohio Juv. R. 27(1).
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Ohio state courts. However, the right is not absolute; a judge may choose to close the proceedings in certain situations, including those where certain privacy rights of participants or third parties are at stake, trade secrets could be revealed, or national security is involved. Brown & Williamson Tobacco Corp. v. FTC, 710 F.2d 1165, 1177-78 (6th Cir. 1983).
Note: This page covers information specific to Pennsylvania. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Pennsylvania state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Pennsylvania judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980). This includes the preliminary hearing and the jury selection process. The Pennsylvania Supreme Court has recognized that the principle of openness is also derived from the common law and the state constitution. Pa. Const. art. 1, § 11; Commonwealth v. Fenstermaker, 530 A.2d 414, 417 (Pa. 1987).
As in federal court, you may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. 42 Pa. Cons. Stat. § 4549.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You will likely not be able to attend juvenile proceedings in Pennsylvania. However, if the juvenile is over 14 years old and accused of a felony, or is over 12 years old and accused of one of several serious felonies, the proceedings will be open to the public. If the attorney for the commonwealth and the juvenile agree to keep the hearing closed, it will not be open to the public even if those conditions are met. 42 Pa. Cons. Stat. § 6336.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Pennsylvania state courts. A judge will only close a civil proceeding when: the denial of access serves an important interest, there is no less restrictive way to serve that interest, the material is of the kind that courts will protect, and public access will cause serious injury to the party seeing closure. See Storms v. O'Malley, 779 A.2d 548, 569 (Pa. Super. Ct. 2001); see generally Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1071 (3d Cir. 1984).
Note: This page covers information specific to Texas. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Texas state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Texas judiciary's website to find the locations, phone numbers, and websites for the state's District Courts, Courts of Appeal, Supreme Court, and Court of Criminal Appeals. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have the same First Amendment right to attend all stages of criminal trials as you do in federal court. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process.
You may be denied access to the courtroom if there would otherwise be a serious and imminent threat to the administration of justice. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury. However, if the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the accused and closure must be an effective way to protect the accused's rights. There must be no alternative available other than change of venue. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
As in federal court, you will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Tex. Code Crim. Proc. art. 20.011, Tex. Code Crim. Proc. art. 20.02.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You should be able to attend most juvenile hearings in Texas. Proceedings are public unless the court determines that there is good cause to close them. However, if the juvenile is under the age of 14, you will not be able to attend unless the court finds that the interests of the child or the interests of the public would be better served by opening the hearing. Tex. Fam. Code Ann. § 54.08.
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Texas state courts. A civil proceeding may only be closed when the denial of access serves an important interest and that there is no less restrictive way to serve that interest. See Publicker Indus. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984).
Note: This page covers information specific to Virginia. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Virginia state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Virginia judiciary's website to find the locations, phone numbers, and websites for the state's Circuit Courts, Courts of Appeal, and Supreme Court. This page focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. The Virginia state constitution also provides a right of access to court proceedings. Va. Const. art. I, § 12; see Richmond Newspapers, Inc. v. Commonwealth, 281 S.E.2d 915, 922 (Va. 1981).
You may be denied access to the courtroom if a party seeking to close the hearing has an overriding interest that is likely to prejudiced and the closure is narrowly tailored to protect that interest. For example, the court may exclude you if the media's presence will deprive the defendant of her right to a fair trial because media coverage will influence the jury.
If the trial court closes the proceeding, the closure must be no broader than necessary to protect the interest of the party asserting the need for closure. The court must consider reasonable alternatives to closing the proceeding, and it must make findings adequate to support the closure. See generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Va. Code Ann. § 19.2-192.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
You will not be able to attend most juvenile proceedings in Virginia because they are closed under state law. However, proceedings involving juveniles over the age of 14 who are charged with an offense that would be a felony if committed by an adult are presumptively open. Those proceedings may only be closed upon good cause and the court must state its reasons in writing. Va. Code Ann. § 16.1-302(C). The juvenile also has the right to a public trial if he so requests. Va. Code Ann. § 16.1-302(D).
In general, you should be able to attend civil proceedings, which are presumptively open to the public, in Virginia state courts. A civil proceeding may only be closed when the denial of access serves an important interest and that there is no less restrictive way to serve that interest. See Publicker Indus. v. Cohen, 733 F.2d 1059, 1070 (3d Cir. 1984).
Note: This page covers information specific to Washington. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide.
You have a right to attend most court proceedings in Washington state courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Washington judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings.
Trial Proceedings
You have a First Amendment right to attend criminal trials, Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580(1980). This includes the preliminary hearing and the jury selection process. The Washington state constitution also provides a right of access to court proceedings. Wash. Const. art. I, § 10.
However, your right to attend criminal trial proceedings is not absolute. A judge will close a criminal trial proceeding when: 1)the proponent of closure has shown a need for closure; 2) members of the public who are present at the time closure is requested are given an opportunity to object; 3) the closure is "both the least restrictive means available and effective in protecting the interests threatened"; 4) the judge has weighed competing interests and has considered all alternative methods; and, 5) the closure order is "no broader in its application or duration than necessary." Seattle Times Co. v. Ishikawa, 640 P.2d 716, 719-721 (Wash. 1982); see generally Press-Enterprise Co. v. Superior Ct., 478 U.S. 1 (1986).
Grand Jury Proceedings
You will not be able to attend grand jury proceedings. These are proceedings in which the prosecutor presents evidence before a group of jurors who will determine if there is a sufficient basis to bring criminal charges against a person. Grand jury proceedings are held in secret and are not considered to be a part of the criminal trial process. See Wash. Rev. Code § 10.27.080.
Other Proceedings and Conferences
You will not be able to access a few other hearings that have traditionally been closed to the public. These include “side-bar” or “in-chambers” conferences between the lawyers and the judge, and plea-bargaining sessions between the prosecutor and the defendant.
Juvenile Court Proceedings
In general, you will be able to attend juvenile proceedings involving criminal offenses. However, although such proceedings are presumptively open, a judge may close a particular hearing for good cause. Wash. Rev. Code § 13.40.140(6). See below for information about other proceedings in juvenile court.
You have a right to attend civil proceedings. Wash. Const. art. I, § 10; Cohen v. Everett City Council, 535 P.2d 801, 803 (Wash. 1975). However, this right is not absolute. As in criminal cases, the court looks at the five Ishikawa factors, discussed above, to try to balance the presumption of openness with other interests. See Dreiling v. Jain, 93 P.3d 861, 869-870 (Wash. 2004).
Mental Illness Proceedings You will likely not be able to attend mental illness proceedings. They are closed to the public unless the person who is the subject of the hearing makes a written request for them to be open. Wash. Sup. Ct. Mental Proceedings R. 1.3.
Juvenile Court - Dependency Proceedings
You will probably be able to attend dependency and termination of parent-child relationship hearings. They are presumptively open unless the judge decides holding a closed proceeding is in the best interests of the child. Wash. Rev. Code § 13.34.115. Even if the hearing is closed, you may still be able to attend if the parent so requests unless the judge determines that it is not in the best interests of the child to open the proceedings to the general public.
All fifty states and the District of Columbia allow public access to their court records. While many of these state laws are similar to the law governing Federal Court Records, some variation exists on a state-by-state basis. Choose your state from the list below for state-specific information on accessing court records. (Note that this guide currently covers only the 15 most populous states and the District of Columbia. We hope to add additional states to the guide at a later date.)
Note: This page covers information specific to California. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in California state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the Courts page on the California Courts website for locations, phone numbers, and websites for the California Superior Courts, Courts of Appeal, and Supreme Court. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings. Other types of records that you can access include executed search and arrest warrants, probation officer reports, written victim statements, settlement agreements filed in court, and grand jury testimony resulting in an indictment, once that indictment has been handed down.
Certain categories of records are generally not open to the public:
Beyond that, a court may seal a record or records in a criminal case if it determines that disclosure would threaten the defendant's right to a fair trial. In a civil case, a court may seal documents if it determines that one or both of the parties have a legitimate interest in keeping the documents confidential and that interest outweighs the public interest in accessing the documents. Parties to a civil lawsuit may agree or "stipulate" to the sealing of documents, but this does not remove the court's obligation to determine whether the parties' interest in confidentiality overrides the public interest.
A court must issue an order to seal documents. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. The First Amendment Project has a great script to follow when parties to a lawsuit stipulate to seal documents or you are denied access to court records. If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed.
For additional information on access to court records in California, see the First Amendment Project's Guide to Access to Courts and Court Records in California.
Note: This page covers information specific to the District of Columbia. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in D.C. courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the information page on District of Columbia Courts website for locations, phone numbers, websites, and other information about courts operating in the District. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings. On the other hand, you generally cannot access juvenile court records. In addition, you do not have a right to access documents and materials exchanged between parties to a civil lawsuit in pretrial discovery but never filed with the court or introduced into evidence. Moreover, the court has discretion to seal records that contain trade secrets, national security information, and information the disclosure of which would invade someone's privacy or promote libel or scandal. Beyond that, the court may seal documents when doing so is necessary to ensure a defendant's right to a fair trial, to obtain the cooperation of witnesses and other sources of information, and to protect parties or witnesses who have acted in reliance on confidentiality. In each case, the court must determine that the specific interests favoring secrecy outweigh the public interest in access.
A court must issue an order to seal documents. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to Florida. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Florida state courts. However, your right of access is not absolute, and a court may order that records be made confidential under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the Florida State Courts page for links to the websites of the Florida County Courts, Circuit Courts, District Courts of Appeal, and Supreme Court. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
Florida Rule of Judicial Administration 2.420 covers the details of public access to Florida court records. Under the law, the public has a presumptive right of access to all court records in the custody of the court clerk, including case dockets, transcripts, motions filed by the parties to a lawsuit, exhibits filed with the court as evidence, and records of depositions filed with the court. Florida courts have also found a presumptive public right of access to many pretrial and post-trial records, including juror interviews, jury misconduct hearings, records of sentencing proceedings, and civil settlement agreements.
Court records that would otherwise be public may be closed (i.e., made confidential) if:
Courts must give the public "reasonable notice" of an order to close judicial records and an opportunity to be heard on the issue, although the court may give notice and opportunity to be heard after it has closed the record. If you wish to challenge an order closing court records, you should get legal assistance to determine how best to proceed. The Judicial Access chapter of the Florida Bar's Reporter's Handbook includes a great section (III.B) on what to do when you are denied access to court records.
Note: This page covers information specific to Georgia. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Georgia state courts. However, your right of access is not absolute, and a court may limit access to records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the information page on the Judicial Branch of Georgia website for links to locations and phone numbers of the state courts operating in Georgia. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
Georgia law presumes that all court records must be open to the public. As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, trial transcripts, official recordings of the judge's remarks made in open court, and records of pre- and post-trial hearings. Judges have more discretion to make records of juvenile proceedings confidential, and many juvenile proceedings are closed to the public. However, some juvenile court proceedings are open to the public, such as child support hearings and proceedings involving a juvenile charged with a felony.
In order to deny access to court records, a court must determine that there is a compelling need for secrecy that outweighs the public interest in access. The court cannot simply state that the harm from disclosure outweighs the public interest; it must make specific findings of fact to support its decision to close records. With regard to closure because of a claimed privacy interest, the court must distinguish the privacy interest in that particular case from the general desire to avoid embarrassment that would otherwise lead all parties to a lawsuit to ask for closed records.
A court must issue an order to limit access to court documents. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed. Rule 21.4 of the Uniform Superior Court Rules gives you the ability to appeal a court order denying you access to a court record to the Georgia Supreme Court.
Note: This page covers information specific to Illinois. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Illinois courts. However, your right of access is not absolute, and a court may limit access to court records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). State websites provide locations and phone numbers for the Illinois Circuit Courts, Appellate Courts, and Supreme Court. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
Illinois courts recognize both a common law and a First Amendment right of access to court records, and the state legislature enacted a statute making all records filed with the clerk of a Circuit Court presumptively open to the public. See 705 Ill. Comp. Stat. 105/16. As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings. On the other hand, you generally cannot access juvenile court records. In addition, you do not have a right to access documents and materials exchanged between parties but never filed with the court. For instance, the parties to a case might enter into a settlement agreement but not submit the agreement to the court. In that case, you could not gain access to the settlement agreement.
A party to a lawsuit or criminal case may ask a court to seal otherwise public court records for a variety of reasons, including to protect their private information and trade secrets. The party seeking closure of court records must give a compelling reason, and the court must support closure with specific factual findings demonstrating why it is justified and craft its order as narrowly as possible. In the past, courts have sealed documents relating to medical and personal financial information. Mere potential for embarrassment is not sufficient.
A court must issue an order to seal documents. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to Indiana. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy many records and documents filed in Indiana courts. However, your right of access is not absolute. Indiana law exempts certain categories of information from disclosure, and a court may limit access to court records on its own initiative and at the request of a party to a lawsuit or criminal case. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). State websites provide locations and phone numbers for the Indiana Circuit and Superior Courts, Courts of Appeals, Supreme Court, Tax Court, and Limited Jurisdiction Courts. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
Under Indiana Administrative Rule 9, there is a strong presumption in favor of public access to all court records. As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. However, Administrative Rule 9(G) lists many categories of information that are not open to the public. For example, you will not be able to view most adoption records, records of juvenile proceedings, many medical, mental health, and tax records, records revealing the personal information of various persons, and the judges' personal notes and email. See Indiana Administrative Rule 9(G) and pages 11-13 of the Indian Supreme Court's Public Access to Court Records Handbook for details.
A judge may order that a court record containing any information listed in Rule 9(G) be closed to the public. In addition, any person who would be affected by the release of information contained in a court record may petition the court to prohibit access to it. In order to prohibit access to a court record, the person seeking closure must prove to the court by clear and convincing evidence that
In deciding whether or not to prohibit access to a court record, the court is supposed to balance the interest in public access against the grounds the person presents. See Rule 9(H). If the court prohibits access, it must state its reason for doing so and use the least restrictive method for blocking access to the information in question. For further details see pages 14 and 15 of the Public Access to Court Records Handbook.
If you are denied access to a court record, you may file a petition with the court having jurisdiction over the record. To obtain access to a court record sealed under Rule 9(G) or at the request of the person affected by disclosure, you must demonstrate that
Given the complexity of Indiana law on this topic, you should seek legal assistance if you plan on challenging a denial of access to court records.
For additional information, see page 16 of the Public Access to Court Records Handbook.
Note: This page covers information specific to Massachusetts. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
For additional information about engaging in journalism in the Commonwealth of Massachusetts, please see our printable PDF guide Newsgathering in Massachusetts, co-produced with the Harvard Law School Cyberlaw Clinic.
You have a right to inspect and copy most records and documents filed in Massachusetts state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Massachusetts judiciary's website to find the locations, phone numbers, and websites for the state's courts. Additionally, see the Massachusetts Supreme Judicial Court's useful set of Guidelines on the Public's Right of Access to Judicial Proceedings and Records (SJC Guidelines).
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings. Other types of records that you can access include the index of the parties in both pending and closed civil and criminal cases, case fields, certain juvenile records, documents filed with the court in connection with a settlement, search warrants once returned to the court, and names and addresses of jurors and jury questionnaires.
Neither law nor court policy require records be placed online. The Supreme Judicial Court has determined that, at least for now, less information should be available online than at a courthouse. See Policy Statement by the Justices of the Supreme Judicial Court Concerning Publication of Court Case Information on the Web. However, the Court also recommends that "some information about every case" should be available such as case captions, party names (though not the names of criminal defendants), docket numbers, assigned judges, case types, attorney information, and some docket entries to be placed online. The website of Supreme Judicial Court and the Appeals Court of Massachusetts features those courts' opinions, docket information including the briefs filed by the parties, court calendars, and webcasts of the oral arguments. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
Certain categories of records are generally not open to the public including grand jury records, records of dismissed controlled substance cases, records from care and protection cases, and certain financial statements. Other records may or may not be available, such as commitment records, the names of sexual assault victims, and adoption records. You can find a complete listing of which records are open, closed, or left to the discretion of the court in the SJC Guidelines.
Beyond that, the court may impound documents if it finds good cause to do so, after considering "the nature of the parties and the controversy, the type of information and the privacy interests involved, the extent of community interest, and the reason(s) for the request." SJC Guidelines.
A court must issue an order to impound records. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to terminate or modify the impoundment to challenge the court's decision. See Uniform Rule on Impoundment Procedure 10. You may also seek review by a single justice of an appellate court. See Uniform Rule on Impoundment Procedure 12. You may also be able to argue you have a First Amendment right to access the record in question. See SJC Guidelines. If you wish to challenge an order impounding court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to Michigan. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy many records and documents filed in Michigan courts. However, your right of access is not absolute. Michigan statutes and court rules exempt certain categories of information from disclosure, and a court may limit access to court records at the request of a party to a lawsuit or criminal case. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). State websites provide locations and phone numbers for the Michigan Trial Courts (Circuit, Probate, and District Courts), Court of Appeals, and Supreme Court. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
Under Michigan Court Rule 8.119(E), there is a strong presumption in favor of public access to court records. You should be able to access any file or document, and the information contained within, unless your access is restricted by statute or a court rule, or has been sealed by the court. However, you will not be able to access, among other things, many files related to mediation, jury questionnaires, grand jury information, drug court participation records, crime victim addresses and telephone numbers, infectious disease testing results, and search warrants at least until 65 days after issuance, adoption records, waivers of parental consent for abortions, and wills filed for safekeeping. The Michigan Court System's website contains a chart which lists categories of non-public and limited access records. You should be aware that if you ask about a record to which access is restricted, court personnel will respond with the statement that "No public record exists."
A judge may order that a court record be closed to the public if:
The judge must consider both the interests of the parties and the interest of the public in deciding whether to seal a record, and must provide all interested persons the opportunity to be heard. See Michigan Court Rule 8.119(F). The judge may not seal court orders or opinions.
If you are denied access to a sealed court record, you may file a motion objecting to the judge's decision. Michigan Court Rule 8.119(F))(6). For access to non-public and restricted records, the Michigan Court System's website's chart includes information on how you may obtain access to each category of records. If you wish to challenge an order closing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to Missouri. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Missouri state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the Missouri Courts website for locations, phone numbers, websites, and other information about courts operating in Missouri. Alternatively, you may be able to access court records online at Case.net, the state's automated case management system. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings. However, some records are generally not open to the public, such as juvenile court records, trade secret information, and mental health evaluations. See, e.g., Mo. Ann. Stat. §§ 211.321, 630.14. Also, though the vast majority of public court records are made available on Case.net, not all records that are available in person are made available online. For example, in criminal cases, a prosecuting attorney may request the case record be temporarily removed from Internet access if a warrant has been requested and there is a high risk of injury to officers or others should the defendant become aware of the issuance of the warrant. See Court Operating Rule 2.04.
In addition, a court has the discretion to seal a record when there is a compelling justification. "Given the presumption in favor of open records, an abuse of discretion is present when trial court orders inexplicably seal court records, do not articulate specific reasons for closure, or do not otherwise demonstrate a recognition of the presumptive right of access." Transit Casualty Co. ex rel. Pulitzer Publishing Co. v. Transit Casualty Co. ex rel. Intervening Employees, 43 S.W.3d 293, 300 (Mo. 2001). A court must issue an order to seal documents. In this order, the court must "identify specific and tangible threats to important values." Transit Casualty at 302. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to New Jersey. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy many records and documents filed in New Jersey courts. However, your right of access is not absolute. New Jersey statutes and court rules exempt certain categories of information from disclosure, and a court may limit access to court records in certain situations. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). State websites provide locations and phone numbers for the Municipal Courts, Local and County Courts, Tax Court, Appellate Division of the Superior Court, and Supreme Court. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
New Jersey Court Rule 1.38 covers the details of public access to New Jersey court records. Under the rule, the public has a presumptive right of access to all court records made, maintained or kept on file by any court, with some limited exceptions. These exceptions include jury questionnaires, civil commitment records, records relating to child sexual abuse victims, search warrants, records about grand jury proceedings, and most records of the family division. More information about non-public records is available in a set of guidelines recently prepared for court employees.
A court may seal records at its discretion if it finds that good cause exists to do so. To determine if good cause exists, the court must determine whether the need for secrecy substantially outweighs the presumption of access, and the need for secrecy must be demonstrated for each document. Hammock by Hammock v. Hoffmann-Laroche, 662 A.2d 546, 559 (N.J. 1995).
If you seek to access sealed records, the party attempting to keep them closed must demonstrate that closure is still currently necessary. Id. If you wish to challenge an order closing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to New York. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy many records and documents filed in New York courts. However, your right of access is not absolute. New York statutes and court rules exempt certain categories of information from disclosure, and a court may limit access to court records in certain situations. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). State websites provide locations and phone numbers for the Trial Courts, the Supreme Court Appellate Division, and the Court of Appeals (the state's highest court). Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
There is a strong presumption of open access to court records in New York. See New York Jud. Law 255 to 255-B (select individual sections). However, there are numerous exceptions to this presumption. For example, you will likely not be able to access family court records, certain matrimonial records, criminal records when the defendant is found not guilty, adoption records, and civil commitment records. A recent report by the Commission on Public Access to Court Records contains some more examples.
A court may also seal its records upon finding there is good cause to do so. See 22 NYCRR § 216.1 (search for "sealing of court records"). Courts generally first require the person seeking to seal the records to demonstrate good cause to seal the record exists, and then balance that reason for closure against the public's interest in access. While this rule only directly applies to civil cases, criminal courts sometimes use it for guidance.
To obtain access to a sealed record, you can make a motion to vacate the sealing order. See In re Crain Communications, Inc. v. Hughes, 539 N.E.2d 1099, 1100 (N.Y. 1989). You may also make a direct appeal if the trial judge failed to give a reason for sealing the records. See In re Conservatorship of Brownstone, 594 N.Y.S.2d 31, 32 (App. Div. 1993). If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to North Carolina. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in North Carolina state courts. However, your right of access is not absolute, and a court may limit access to records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the list of courthouses by county on the North Carolina Court System website for directions and telephone numbers for the state courts operating in North Carolina. Information for the state's Court of Appeals and Supreme Court are available on their sites. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records.
Under N.C. Const. art. I, § 18, there is a qualified right of public access to court records, at least in civil cases. See Virmani v. Presbyterian Health Servs. Corp., 515 S.E.2d 675, 693 (N.C. 1999). North Carolina law provides a right of access to all court records, both civil and criminal, in both the general public records law, N.C. Gen. Stat. § 132-1, and a specific statute about court records, N.C. Gen. Stat. § 7A-109(a). The court records statute requires that all records be open to public inspection, except as prohibited by law. Some court records are specifically named in another statue as being public unless sealed by the court: "arrest and search warrants that have been returned by law enforcement agencies, indictments, criminal summons, and nontestimonial identification orders." N.C. Gen. Stat. § 132-1.4(k). You will likely not have access to certain documents, however, such as civil commitment materials, juvenile delinquency records, and information from child abuse or neglect cases.
A court may deny access to records "when its use is required in the interest of the proper and fair administration of justice or where, for reasons of public policy, the openness ordinarily required of our government will be more harmful than beneficial." Virmani v. Presbyterian Health Servs. Corp., 515 S.E.2d 675, 685 (N.C. 1999). If you wish to challenge an order closing court records, you should get legal assistance to determine how best to proceed. North Carolina law explicitly grants you the ability to assert your right of access to records from a civil proceeding and to immediately appeal if your request is denied. See N.C. Gen. Stat. § 1-72.1.
Note: This page covers information specific to Ohio. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Ohio state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Ohio judiciary's website to find the locations, phone numbers, and websites for the state's courts.
Alternatively, you may be able to access court records online. The Ohio Supreme Court has a large number of court documents on-line, including documents filed by the parties. However, not all documents are on-line for each case, although the on-line search engine will show that they were filed. Ohio Appellate Courts have on-line access to opinions. Local courts have decided whether to put records on-line on a county-by-county basis and can be accessed through individual county websites. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. However, there are a number of broad categories of records that are not available to the public including adoption records, records relating to juveniles seeking permission for an abortion, and probation and parole records, as well as other sensitive information such as HIV test results and the identity of victims of child sexual abuse.
Beyond that, a party to a court case has the right to request that public access to information in the court record be restricted. The court may restrict the information at its discretion after considering: (1) risk of injury to individuals; (2) individual privacy rights and interests; (3) proprietary business information; and (4) public safety. If you wish to challenge an order closing court records, you should get legal assistance to determine how best to proceed.
For more information about access to Ohio Court Records, download section 15 of Ohio State Bar Association's The Legal Handbook for Ohio Journalists on Media Access to Courts, Meetings and Public Records.
Note: This page covers information specific to Pennsylvania. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Pennsylvania state courts. This right is rooted in the commmonlaw, see Publicker Industries, Inc. v. Cohen, 733 F.2d 1059, 1066 (3d Cir. 1983), and starting January 1, 2009, will be codified in the newly revised Right-To-Know Law. Refer to the section on Access to Public Records in Pennsylvania to better understand what types of records you can access and the mechanisms for doing so under the new law.
Despite the presumption of openness, your right of access is not absolute. A court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Pennsylvania judiciary's website to find the locations, phone numbers, and websites for the state's courts.
Alternatively, you may be able to access court records online. Some Pennsylvania state court records are online, although this access is by no means comprehensive. For example, docket sheets and court calendars and Supreme Court and appellate opinions are available online, while filed court documents (e.g., motions and briefs) are not usually accessible over the internet. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
At the courthouse you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. However, there are records that are highly sensitive in nature which you will not be able to access, such as those involving divorce cases, adoption proceedings, and juvenile proceedings. Beyond that, a court may seal a record or records when good cause exists. Good cause exists where disclosure will result in clearly defined and serious injury to the party requesting closure. For example, in a criminal case, a court will seal the necessary records if it determines that disclosure would threaten the defendant's right to a fair trial, or jeopardize the safety of informants or the integrity of an ongoing investigation.
A court must issue an order to seal documents. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. If you wish to challenge an order closing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to Texas. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Texas state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Texas judiciary's website to find the locations, phone numbers, and websites for the state's courts. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. However, there are certain types of court records that you will not be able to inspect. For example, you will not have access to juvenile records where the individual has not committed a felony or a Class A or B misdemeanor between the ages of 17 and 21.
Beyond that, the court may seal court records where the significant privacy interest in sealing the records outweigh the presumptive right of public access. The court must also find that there is no less restrictive means to protect the significant privacy interest.
You may appeal a court's denial of access to records by filing a petition for review with the Administrative Director of the Office of Court Administration. That petition has to be filed within 30 days of the denial, and must include:
The petition will then be referred to a special committee consisting of no fewer than five judges. The committee will consider the case for and against granting the request and issue a written decision within 60 days. See Texas Rule of Judicial Adjudication 12.9. If you're frustrated by the the committee's decision, you may file a writ of mandamus with the court. Refer to our section on Finding Legal Help for more information on how to proceed with a court action.
Note: This page covers information specific to Virginia. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Virginia state courts. Va. Code § 17.1-208 provides that, with certain exceptions, any records or papers of any circuit court that are maintained by the clerk of the circuit court “shall be open to inspection by any person.” The Supreme Court of Virginia has interpreted this provision to create “a statutory presumption of openness to the public.” Perreault v. The Free Lance Star, 666 S.E.2d 352, 358 (2008). However, your right of access is not absolute, and a court may seal records under certain circumstances.
If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Virginia judiciary's website to find the locations, phone numbers, and websites for the state's courts. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. Virginia courts have also ruled that unsealed mental health evaluations admitted into evidence at a hearing, Lotz v. Commonwealth, 672 S.E.2d 833, 837 (2009), and unsealed petitions for approval of settlements in wrongful death suits, Perreult, 666 S.E.2d at 359, are subject to disclosure, notwithstanding other statutes providing for confidentiality. However, you will not be able to access other documents associated with a case, such as materials uncovered through discovery but not filed with the court, see Shenandoah Publ'g House, Inc. v. Fanning, 368 S.E.2d 253, 257 (1988), trial exhibits that were not admitted into evidence, and notes written by the judge or other court personnel.
Additionally, Virgina law does exclude certain categories of court records from being made available. One major exclusion is criminal records that may interfere with an ongoing investigation, compromise the privacy of a juvenile, or reveal the identity of a witness that has been promised anonymity. See Va. Code § 2.2-3706. The identity of victims of sexual assault may also not be disclosed in most circumstances. See Va. Code § 19.2-11.2.
Beyond that, a court may seal a record or records in a criminal case if it determines that disclosure would threaten the defendant's right to a fair trial. To overcome the presumption of public access, the party requesting the seal “bears the burden of establishing an interest so compelling that it cannot be protected reasonably by some measure other than” sealing the documents. Lotz, 672 S.E.2d at 837 (internal quotation omitted). In a civil case, a court may seal documents if it determines that one or both of the parties have an interest in keeping the documents confidential and that interest outweighs the presumptive right of the public in accessing the documents. The interest must be specific; the risk of damage to professional reputation, emotional damage, or financial harm, in the abstract is not sufficient to seal a record. Shiembob v. Shiembob, 685 S.E.2d 192, 197 (2009).
A court must issue an order to seal documents. If you are denied access to court records, ask the clerk for the order sealing the documents. If such an order exists, you may consider moving to intervene in the case to challenge the court's decision. The Virginia Supreme Court has issued conflicting decisions on whether a writ of mandamus – an order by a higher court commanding a lower court to perform some mandatory duty – is an appropriate remedy for challenging the sealing of a document. See Smith v. Richmond Newspapers, Inc., 540 S.E.2d 878 (2001); Hertz v. Times-World Corp., 528 S.E.2d 458 (2000). If you wish to challenge an order sealing court records, you should get legal assistance to determine how best to proceed.
Note: This page covers information specific to Washington. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy most records and documents filed in Washington state courts. However, your right of access is not absolute, and a court may seal records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). Refer to the Washington judiciary's website to find the locations, phone numbers, and websites for the state's courts.
Alternatively, you may be able to access court records online. Refer to a local court's website and check to see if the court provides online access. Courts with online access usually provide access to docket sheets, however, documents filed with the court rarely are accessible. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
As a general matter, you may access docket information, the pleadings and motions of the parties to a lawsuit, decisions and orders of the court, evidence introduced in court by either side, and transcripts of hearings, among other items found in a case file. The procedure for requesting these records varies from court to court; each court can provide access only to its own records. However, you will not be able to access court records that contain highly sensitive material, such as adoption records, mental illness commitment records, and alcohol and drug treatment commitment records. Other types of records, such as those concerning family law cases, are restricted; in order to get access you must file a Motion and Declaration to Allow Access to Records Under GR 22(h)(2) with the court.
You may be denied access to a court record for a variety of reasons including: (a) data availability; (b) a lack of specificity in your request; (c) potential invasion of privacy created by release of records containing personal or highly sensitive information; and (d) potential disruption to the business of the courts. In order to make sure that the court's denial is not based on the lack of specificity in your request, make sure that you comply with the Judicial Information System Committee Rules. Under Rule 15, you must include a statement of the intended use and distribution, the type of information needed, and identifying information about the applicant in your written request.
Keep in mind that Washington courts will consider several factors in deciding to allow or deny a request for documents containing highly sensitive information, however there are limits on who can request this information. Court rules specify that "a public purpose agency may request court records not publicly accessible for scholarly, governmental, or research purposes where the identification of specific individuals is ancillary to the purpose of the inquiry." GR31(f). A "public purpose agency" for this purpose includes nonprofit organizations, and thus may be applicable to you. The court will then balance the possible benefits to the operation of the judiciary and the risks created by permitting access, and will also consider whether access will fulfill a legislative mandate.
If the balancing test comes out in your favor, you must sign a dissemination contract before accessing the restricted records. The dissemination contract obligates you to protect confidential information, including the identity of individuals. It also prohibits you from making copies of the records.
You can appeal a denial of a request for information maintained at the state level to the Judicial Information System Committee, which consists of a number of state judges as well as three members outside of the judiciary. If you want to challenge the Committee's decision, you should get legal assistance to determine how best to proceed.
In addition to observing court proceedings and obtaining court records, you may contact and interview many of the participants in a civil lawsuit or criminal case. Bear in mind that the participants may not want to talk with you about the case, and that you cannot compel them to do so. We address some of the details below.
Jury Selection
You have a First Amendment right to observe the jury selection process, called voir dire in legal terminology. This process takes place in court, and generally involves lawyers asking questions to determine whether prospective jurors could make a fair decision. If the lawyers or the court asks the jurors to fill out questionnaires or other paperwork, you usually have a right to inspect these materials as well. You may find these rights valuable in identifying jurors and gathering background information about them.
A court may limit your right of access to the juror selection process and juror questionnaires in limited circumstances: to protect a party's right to a fair trial, to protect a juror's legitimate privacy interest, or to otherwise further the interests of justice. Note that in criminal cases, federal courts do not disclose documents containing identifying information about jurors or potential jurors to the public. For more information, refer to Federal Judiciary's Privacy Policy, and read the Reporters Committee for Freedom of the Press' article on secret juries.
In rare cases, a judge may deny access to all identifying information about jurors when there is a serious threat to the jurors' welfare. For example, in the 1977 trial of Leroy Barnes, who charged with violating multiple federal narcotics and firearms laws, a federal district court withheld jurors' names and addresses after the judge determined that the case presented an unusual risk to the jurors. See U.S. v. Barnes, 604 F.2d 121 (1979). For more information about this issue, read the Reporters Committee for Freedom of the Press' article on anonymous juries.
Jury Deliberations
You do not have a right to view or obtain information about a jury’s deliberations during the course of those deliberations. Once a jury has been empaneled, the judge will instruct the jury not to discuss the case with anyone or use the media to learn more about the case for the duration of the trial. This rule reflects a concern that discussion with outsiders may improperly influence the jury's process of deliberation and affect the jury's independence.
Generally, you may contact jurors after the trial has ended and discuss the deliberation process, once the threat of tainting the jury's deliberations has passed. Not all jurors will want to talk with you. While judges cannot prohibit the media from talking with jurors after the trial without a compelling reason, many judges advise jurors not to talk about the deliberations process and to keep jury room discussions confidential.
Witnesses and Parties
In general, you may speak with the witnesses and parties involved in a case. A court may limit your ability to do so, however, if it issues a gag order, which is discussed below.
Lawyers
You may speak with the lawyers involved in a case, but they may not be able to answer all of your questions. Lawyers may discuss freely certain aspects of a case, such as the claims, offenses, or defenses involved, whether the case is in progress, and other information that is a matter of public record (i.e., reflected in the court files). But legal ethics rules prevent lawyers from talking to the press about other matters that might improperly influence the court or jury. For example, Rule 3.6 of the American Bar Association's Model Rules of Professional Conduct requires that a lawyer "not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter." Note that prosecutors have an additional responsibility under the Model Rules not to make statements outside the courtroom that would tend to heighten public condemnation of the accused. See Rule 3.8.
A court may limit your ability to speak with the lawyers in a case, however, if it issues a gag order, which is discussed below.
Judges
In all likelihood, judges will be unwilling to speak with you about a case pending before them. Judicial ethics rules prohibit judges from speaking with the public about the substantive aspects of cases they are overseeing. For example, an ethical rule requires federal judges to "avoid public comment on the merits of a pending or impending action" until the completion of all appeals in the case. Code of Conduct for United States Judges, Canon 3A(6). Another ethical rule requires judges to refrain from making, during a pending case, any statement "that might reasonably be expected to affect its outcome or impair its fairness." American Bar Association's Model Code of Judicial Conduct, Canon 3(B)(9). Judges take these obligations extremely seriously.
Gag Orders
If a judge issues a gag order, the lawyers, witnesses, and parties in a case may not speak with you. A court may only issue a gag order under limited circumstances, when it determines that the release of information will have an improper affect on the proceedings.
If you wish to challenge a gag order, you should get legal assistance to determine how best to proceed. The Reporters Committee for Freedom of the Press has a good description of the process for challenging a gag order, and a list of the cases in which gag orders have been denied.
You have a right to challenge a court's closure of a proceeding that you wish to attend. How you go about challenging such a closure will depend on whether you are present in the courtroom at the time the judge orders closure or whether you find out about it after the fact.
Responding to Closure Orders on the Spot
You may be in attendance when a judge orders everyone to leave the courtroom unless they are associated with the case. Ask for the judge's permission to speak. If the judge allows you to speak, you should politely object to the closure and ask that your objection be noted on the record. Ask the judge for an opportunity present your arguments against closure, and time to prepare your arguments and/or get legal representation.
If the judge will not allow you to speak, leave the courtroom. Do not raise your voice and make a scene; disturbing the decorum of a courtroom will very likely have negative consequences. Once you're out of the courtroom, you should quickly draft a letter to the judge informing her that you object to the closure and that you plan on filing a motion in opposition to the closure. Ask court personnel to deliver the note to the judge. You will need to find legal assistance immediately in order to determine how best to proceed.
The First Amendment Project provide a good set of steps to handle closures in person. Although the steps are geared specifically toward California courts, most of the information applies to courts nationwide (you should research relevant cases or legislation in your jurisdiction, if necessary).
Responding to Closure Orders After the Fact
Alternatively, you may find out after the fact that a court closed a proceeding. If this is the case, go to the clerk's office and ask whether the judge explained her reasons for closure. You will likely need legal assistance in finding the correct laws to support your argument that the proceeding should never have been closed in the first place. If you believe that the proceeding was improperly closed, you can try to get a copy of the transcript from the proceeding. Get legal assistance to determine how best to proceed.
For more information, consult the Reporters Committee for Freedom of the Press, which has a useful guide on how to proceed in these cases.
While we can't guarantee that you will get every court record or attend every court proceeding you desire, the following tips will help ensure that you take full advantage of the wealth of information available through state and federal courts.
Bear in mind that accessing court records is only one of many important fact-finding tools in your information gathering toolbox. For a broad overview of how you can investigate the actions of a full range of actors, including government, individuals, and corporations, see the Newsgathering section of this guide and check out the Center for Investigative Reporting's entertaining and inspirational guide, Raising Hell: A Citizens Guide to the Fine Art of Investigation.