US v. Three Juveniles, Crim. No. 94-10181-PBS.

• Decision Date: 08 September 1994
• Docket Number: Crim. No. 94-10181-PBS.
• Citation: 862 F. Supp. 651
• Parties: UNITED STATES of America, v. THREE JUVENILES, Defendants, v. GLOBE NEWSPAPER COMPANY, Intervenor.
• Court: U.S. District Court — District of Massachusetts

862 F. Supp. 651

UNITED STATES of America, v. THREE JUVENILES, Defendants, v. GLOBE NEWSPAPER COMPANY, Intervenor.

Crim. No. 94-10181-PBS.

United States District Court, D. Massachusetts.

September 8, 1994.

Jonathan M. Albano, Bingham, Dana & Gould, Boston, MA, for Globe Newspaper Co.

S. Theodore Merritt, U.S. Attorney's Office, Boston, MA.

MEMORANDUM AND ORDER ON GLOBE NEWSPAPER COMPANY'S MOTION FOR ACCESS TO ARRAIGNMENT, PRETRIAL, AND TRIAL PROCEEDINGS

SARIS, District Judge.

INTRODUCTION

On July 19, 1994, the government filed an information against three juveniles charging them with civil rights violations under the Federal Juvenile Delinquency Act (the "Act"), 18 U.S.C. §§ 5031-5042. On the same day, in a connected case, the grand jury indicted an adult, Brian Clayton, with violations of 18 U.S.C. § 241 (conspiracy to violate civil rights) and 18 U.S.C. § 371 (conspiracy to intimidate and interfere with federally protected activities on account of race). The indictment charges that Clayton committed these violations as a member of the New Dawn Hammerskins, a white supremacist group.

Just prior to the arraignments of the juveniles on July 20, 1994, the Globe Newspaper Company ("Globe") moved to intervene in the juvenile proceedings for purposes of gaining access to the arraignments and other subsequent proceedings, as well as any judicial documents filed in connection with those proceedings. After an access hearing on the record, the Court allowed the Globe's motion to intervene for the limited purpose of seeking access, but denied the request for public access to the arraignments pursuant to 18 U.S.C. § 5038(e). However, in light of the important First Amendment issues as recently articulated in United States v. A.D., PG Publishing Co., 28 F.3d 1353, 1357 (3rd Cir. 1994), the court agreed to take the matter under advisement. The three juveniles and the government oppose the Globe's motion for access, claiming that 18 U.S.C. §§ 5032 & 5038 require this court to close all hearings and to impound all records filed or created in connection with the delinquency proceedings and alternatively if the court has discretion, it should so exercise it. After consideration of the parties' briefs, the Globe's motion to open the delinquency proceedings is DENIED. However, the Globe's motion for access to certain documents is ALLOWED, limited by the conditions enumerated in the attached order, designed to ensure that the identity of the juveniles not be revealed.

BACKGROUND

The following facts are necessary for the court to discuss the legal principles implicated by the Globe's motion for access. On July 20, 1994, Federal and state officials held a press conference to announce an investigation culminating in the arrests of Mr. Clayton and the three juveniles. The next day the local press gave the arrests considerable coverage: the Boston Herald ran the story on its front and several pages. Newspaper articles discussing the crimes have detailed some of the acts of the New Dawn Hammerskins, particularly those of the adult. Several juveniles were interviewed, including one who purported to reveal the identity of the other juveniles arrested. At least three newspapers have published names alleged to be the juveniles who are the subject of the information filed in the instant case. At least one paper printed a photograph of a juvenile, again claiming that he was one of those charged by the government. From the articles it can be reasonably inferred that the so-called "hate" crimes alleged are of significant interest to the communities in which they occurred and the public at large. It also appears other juveniles who have not been charged may be involved in the New Dawn Hammerskins.

Under the Act a juvenile is a person under eighteen years of age. 18 U.S.C. § 5031. Although one of the juveniles is now 18, the other two are 16, and the proceedings against them should conclude prior to their eighteenth birthdays. The government asserts, however, that all three would benefit from treatment under the Act, and consequently has not sought transfer hearings to try the juveniles as adults under § 5031.

DISCUSSION

The Globe does not claim that the Act's confidentiality provisions, §§ 5032 and 5038, are facially invalid. Rather, the Globe asserts that this court has discretion to decide the extent to which the public will have access to the proceedings and the records. In support of this position, the Globe argues that: 1) the Act itself permits the court to weigh the need for and degree of closure on the specific facts of this case; and 2) the First Amendment and the common law compel the court to balance the government's reasons for closure with the public's right to an open forum, permitting narrowly tailored closure only to the extent that it serves a compelling government interest. Since it does not seek access to the names or personal identifying information of the juveniles, the Globe argues that any further restriction of the public's access to remaining proceedings is inappropriate in light of both the Act and the United States Constitution.

1. The Statute

The starting point is the language of the Act itself. Section 5032 provides that a court exercising jurisdiction over a juvenile proceeding "may be convened at any time and place within the district, in chambers or otherwise." Section 5038 further provides:

(a) Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure to unauthorized persons. The records shall be released to the extent necessary to meet the following circumstances:

(1) inquiries from another court of law;

(2) inquiries from an agency preparing a report for another court (3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position with that agency;

(4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court;

(5) inquiries from an agency considering the person for a position immediately and directly affecting the national security; and

(6) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim, related to the final disposition of such juvenile by the court in accordance with section 5037.

Unless otherwise authorized by this section, information about the juvenile record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Responses to such inquiries shall not be different from responses made about persons who have never been involved in a delinquency proceeding. ...

(c) During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discharge of an official duty by an employee of the court or an employee of any other governmental agency, shall not be disclosed directly or indirectly to anyone other than the judge, counsel for the juvenile and the Government, or others entitled under this section to receive juvenile records....

(e) Unless a juvenile who is taken into custody is prosecuted as an adult neither the name nor picture of any juvenile shall be made public in connection with a juvenile delinquency proceeding.

2. First Amendment

As the statute implicates First Amendment concerns, this court must construe it against the backdrop of the Supreme Court's First Amendment jurisprudence governing access to judicial proceedings. The Supreme Court has held that the First Amendment's guarantees of freedom of speech, press, and assembly provide for the public's right of access to criminal proceedings. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 575-78, 100 S.Ct. 2814, 2826-28, 65 L.Ed.2d 973 (1980) ("Richmond Newspapers"); see also Anderson v. Cryovac, Inc., 805 F.2d 1, 10 (1st Cir.1986) ("Anderson"). Although "several courts have recognized a public right of access to civil as well as criminal trials," the First Circuit has not decided whether the First Amendment mandates a general right of access to civil proceedings, Id. at 11. Neither the Supreme Court nor the First Circuit has decided whether blanket closure of juvenile delinquency proceedings contravenes the First Amendment. See United States v. A.D., PG Publishing Co., 28 F.3d 1353, 1357 (3rd Cir. 1994) ("PG Publishing").

In concluding that the First Amendment provides for a presumption of public access to criminal trials, the Richmond Newspapers Court reasoned that public participation plays a key role in maintaining the integrity of the judicial process. See Anderson, 805 F.2d at 10. "The Court has said that open criminal trials ensured fairness and checked perjury, misconduct, judicial bias, and partiality." Id. (citing Richmond Newspapers, 448 U.S. at 569, 100 S.Ct. at 2823). "The Supreme Court identified two factors as critical to its finding that the public has a presumptive right to attend criminal trials." Id. "First, the criminal trial historically has been open to the press and general public." Globe Newspaper Co. v. Superior Court for the County of Norfolk, 457 U.S. 596, 605, 102 S.Ct. 2613, 2619, 73 L.Ed.2d 248 (1982) ("Globe"). "Second, the right of access to criminal trials plays a particularly significant role in the functioning of the judicial process and the government as a whole." Id. at 606, 102 S.Ct. at 2619. Thus, in deciding whether a public right of access applies to a particular proceeding, a court must inquire "whether the proceedings in question historically have been open to the public, and whether access plays a particularly significant role in the functioning of the judicial process." Anderson, 805 F.2d at 12 (holding that civil discovery proceedings are fundamentally different from those to which a public right of...