Hughes County Action No. JUV 90-3, Matter of, 16997

• Decision Date: 28 February 1990
• Docket Number: No. 16997,16997
• Parties: 17 Media L. Rep. 1513 In the Matter of HUGHES COUNTY ACTION NO. JUV 90-3. In the Matter of HUGHES COUNTY ACTION NO. JUV 89-35. In the Matter of HUGHES COUNTY ACTION NO. JUV 90-4.
• Court: South Dakota Supreme Court

Page 128

452 N.W.2d 128

17 Media L. Rep. 1513

In the Matter of HUGHES COUNTY ACTION NO. JUV 90-3.

In the Matter of HUGHES COUNTY ACTION NO. JUV 89-35.

In the Matter of HUGHES COUNTY ACTION NO. JUV 90-4.

No. 16997.

Supreme Court of South Dakota.

Argued Feb. 15, 1990.

Decided Feb. 28, 1990.

Jon E. Arneson, Sioux Falls, for appellants, Argus Leader, Associated Press and KSFY-TV.

Craig A. Kennedy, Yankton, for State of S.D.

Brent A. Wilbur, Pierre, James C. Robbennolt, Pierre, and Al Arendt, Pierre, for appellees.

Rick Johnson, Gregory, amicus curiae.

WUEST, Chief Justice.

The Argus Leader, Associated Press and KSFY-TV (media) appeal from a circuit court's order of closure in a juvenile proceeding. We affirm.

Only a brief recital of the facts is necessary to enable this court to resolve the legal issues raised on appeal. On November 28, 1989, there was an alleged incident at the Governor's residence in Pierre, South Dakota. Two days later the incident was reported to the Pierre police as a rape. As a result of this reported incident, petitions alleging juvenile delinquency were filed against three juvenile high school students in Pierre, South Dakota. A fourth person, an eighteen-year-old high school student, was charged as an adult and pled guilty to a misdemeanor on January 16, 1990.

Shortly after the alleged crime was reported, the media began to publish information it had obtained about this incident and the proceedings which followed. As a result of this media attention, the three juveniles moved for a closure of proceedings pursuant to SDCL 26-8-32. ¹ At the closure hearing on January 22, 1990, the three juveniles presented evidence regarding the nature and extent of the media's coverage of the proceedings. The media presented no evidence.

After hearing arguments from each party, the trial court asked whether any compromise could be reached to sufficiently satisfy the interests of each party. When the trial court received no response to this inquiry, it offered to allow the media access to the juvenile proceedings if the media would not publish the names, pictures, place of residence or identity of any parties involved. ² The media refused to accept this offer.

Based upon the discussions, arguments, and the media's refusal to compromise, the trial court determined that, in the interest of the three juveniles, it had no other alternative but to close the adjudicatory portion of the juvenile proceedings. An order, supported by findings of fact and conclusions of law, was subsequently entered to that effect. The media appealed from the trial court's order of closure and, pursuant to motions, we stayed the juvenile proceedings and granted an expedited briefing schedule and oral argument.

On appeal, the media presents three arguments. The media first contends that it has an absolute right of access to juvenile proceedings under SDCL 26-8-32. Second, the media argues that the trial court's findings of fact are clearly erroneous and do not support its order of closure. Third, the media contends that the trial court's offer to allow media access to the juvenile proceedings upon the condition that the media not reveal any information concerning the identity of any individuals involved in the action, constitutes an unconstitutional prior restraint and an unconstitutional sanction on publication of lawfully obtained information.

We first address the media's argument that SDCL 26-8-32 provides it with an absolute right of access to juvenile proceedings. This issue is not new to this court. In Associated Press v. Bradshaw, 410 N.W.2d 577 (S.D.1987) we rejected this precise argument. We believe that our reasoning in Bradshaw is sound and we again refuse to accept the argument that the media has an absolute statutory right of access to juvenile proceedings under SDCL 26-8-32.

As we pointed out in Bradshaw, the media's right of access to juvenile proceedings stems from SDCL 26-8-32 which our legislature adopted in 1968. This statute provides:

Upon the trial or hearing of cases arising under this chapter, the court shall admit the general public to the hearing room, except when the child, his parents or their attorney request that the hearing be private, and in that event the court may admit only such persons as may have a direct interest in the case, witnesses, officers of the court and news media representatives. Summons may be issued requiring the appearance of any other person whose presence the court deems necessary. (Emphasis added).

In rejecting the media's argument in Bradshaw that this statute provides the media with an absolute right of access to juvenile proceedings, we first noted that the media's rights of access to judicial proceedings are no greater than those possessed by the public. Bradshaw, supra, at 579, citing, Pell v. Procunier, 417 U.S. 817, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974); Saxbe v. Washington Post Co., 417 U.S. 843, 94 S.Ct. 2811, 41 L.Ed.2d 514 (1974). Given this principle, we then stated:

SDCL 26-8-32 reads that "the court may admit" certain categories of persons. By the language used (i.e., may) our legislature gave judges the discretion to admit one, all, or a combination of the enumerated parties to a juvenile court hearing. To hold otherwise would give the press greater rights than that of the general public. (Emphasis added).

Bradshaw, supra, at 579. We believe that this reasoning is sound. Hence, we are unable to conclude that our interpretation of SDCL 26-8-32 was erroneous and we therefore decline the media's invitation to reverse our decision in Bradshaw.

We next address the media's contention that the trial court's findings of fact are clearly erroneous and hence do not support the order of closure. In determining whether a juvenile proceeding should be closed, a trial court must balance the First Amendment rights of the public and the press against the State's interests in preserving the juvenile offender's anonymity and general protection over juveniles. Bradshaw, supra at 579. This balancing of rights and interests, of course, requires the exercise of discretion on the part of the trial court. Id. After the trial court has balanced these rights and interests, it determines whether closure is warranted and enters findings of fact and conclusions of law supporting its decision. Bradshaw, supra at 580, citing Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986). On appeal, our task is to determine whether the findings of fact set forth in support of the closure order are clearly erroneous, ³ and whether the trial court abused its discretion in closing the juvenile proceedings to the media.

In Bradshaw, this court set forth a number of factors that a trial court should consider in determining whether a juvenile proceeding should be closed. These factors, which are not intended to be exclusive, include: (1) the nature and extent of press coverage, including the circulation and geographical distribution; (2) whether the coverage prior to the closure hearing has been excessive or sensational; (3) whether the minor's name has been released to the public; (4) whether there are alternative measures to closure; and, (5) whether the proceedings closed to the public and press will be temporary. Bradshaw, supra. In the present case, the trial court entered findings of fact concerning each of these factors and concluded that the adjudicatory portion of the juvenile proceedings was to be closed to the media. Our review of the record indicates that the trial court's findings were not clearly erroneous and support the order of closure.

The trial court found that newspaper and electronic media coverage of this matter in South Dakota was widespread and pervasive. The trial court further found that this coverage had become nationwide. We do not believe that these findings can be disputed. The record reflects that this matter has been reported on by the Washington, D.C. Times, the Orlando, Florida, Sentinel, Newsweek magazine and the nationally distributed newspaper U.S.A. Today. This matter was also reported on in a nationally televised program, "A Current Affair." Additionally, over eighty articles regarding this matter have been published in South Dakota newspapers as of January 16, 1990. Considering these facts, it is clear the trial court did not err in finding that the media's coverage of this matter has been widespread and extensive. This fact weighs heavily in favor of trial court's order of closure. It is clear that the State has a strong interest in preserving the confidentiality of juvenile proceedings. ⁴ If the media coverage of this matter was not extensive and widespread then the risk of failing to preserve the State's interest in confidential juvenile proceedings would not be as great. When the media's coverage of an incident is extensive and widespread, however, there is a greater risk that the State's interest in preserving the confidentiality of such proceedings may be forsaken. The trial court's finding with respect to this issue supports its order of closure.

The trial court also found that the media's coverage of this event was excessive and sensational. We do not believe that this finding is clearly erroneous. As noted previously, over eighty articles regarding this matter have been published in newspapers throughout the state. Much of the information printed in these articles is not new information, but rather a restatement of facts previously set forth in other articles. This indicates that the coverage of this incident has been excessive. Furthermore, the nationally televised program "A Current Affair," suggested that a crime had been committed at the Governor's residence and that officials of the state of South Dakota are trying to cover up this alleged fact. Such a suggestion or innuendo clearly indicates that this matter has been treated in a sensational fashion by this member of the media. The sensationalistic...