Local Rule LCrR 17.2: CLOSURE OF PRETRIAL PROCEEDINGS

LCrR 17.2 CLOSURE OF PRETRIAL PROCEEDINGS

(a) GENERAL RULE.

Unless otherwise provided by law or by this Rule, all criminal proceedings, including preliminary examinations and hearings on pretrial motions, shall be held in open court and shall be available for attendance and observation by the public. This Rule does not apply to bench conferences, conferences in chambers, and other matters normally handled in camera.

(b) MOTION FOR CLOSURE.

Upon motion made or agreed to by the defendant, the Court may in the exercise of its discretion order a pretrial proceeding to be closed to the public in whole or in part, on the grounds:

(1) that there is a substantial probability that the dissemination of information disclosed at the proceeding would impair the defendant's right to a fair trial or another overriding public interest; and

(2) that no reasonable alternative to closure will adequately protect the defendant's right to a fair trial or another overriding public interest.

If the Court enters such an order, it shall state the specific findings which require closure.

(c) OPPOSITION BY NON-PARTIES Any news organization or other interested person may be heard orally or in writing in opposition to a closure motion by a party. When any papers are filed by a non-party opposing closure, the matter shall be assigned a Miscellaneous docket number and shall be governed by LCrR 57.6. A non-party seeking to appeal from an order of closure shall be responsible for filing in the Miscellaneous proceeding the order from which the appeal is taken, and such other parts of the record of the criminal case as may be necessary to determination of the appeal.