Lexington Herald Leader Co., Inc. v. Tackett
Decision Date | 24 June 1980 |
Court | United States State Supreme Court — District of Kentucky |
Parties | 6 Media L. Rep. 1436 The LEXINGTON HERALD LEADER COMPANY, INC., Appellant Cross Appellee, v. Honorable Charles M. TACKETT, Judge, Fayette Circuit Court, Appellee, and The Alleged Minor Victims in Commonwealth v. Payne, Fayette Circuit Court, Intervenors Cross Appellant. The ALLEGED MINOR VICTIMS In Commonwealth v. Payne, Fayette Circuit Court, Appellants, v. The LEXINGTON LEADER COMPANY, INC. and Honorable Charles M. Tackett, Judge, Fayette Circuit Court, Appellees. |
Tackett, Judge, Fayette Circuit Court, Appellees.
Supreme Court of Kentucky.
June 24, 1980.
Lyle G. Robey, Stoll, Keenon & Park, Lexington, for Lexington Herald Leader Co., Inc.
Charles M. Tackett, Lexington, pro se.
Kay E. Sauer and Joshua E. Santana, Terry R. Anderson, William C. Wessell, Oscar H. Geralds, Jr., Lexington, for alleged minor victims.
This is an appeal from the denial by the Court of Appeals of an application for relief in the nature of prohibition. The sole issue presented is whether a trial judge was proceeding erroneously when at the request of 10 male victims under the age of 12, and without objection by the defendant, he ordered the courtroom closed to the entire public and press during their testimony. The order also provided that either the tapes or transcripts of the testimony of these witnesses would be released to the public at the end of the trial. The reason given by the trial judge for his action was that "it would greatly minimize the psychological and emotional trauma to the alleged juvenile victims."
It is evident from the record that the trial judge was laudably concerned with the welfare of the minor victim's witnesses. Indeed, at first glance it does not appear that the court improperly exercised its discretion in acting to protect the minors. It is well recognized that a trial judge has inherent authority to exclude spectators from the courtroom in order to protect witnesses where, as here, there has been a finding by the court of potential harm which will result from unrestricted public attendance.
Beauchamp v. Cahill, 297 Ky. 505, 508, 180 S.W.2d 423, 424 (1944) (emphasis added); E. g., Johnson v. Simpson, Ky., 433 S.W.2d 644, 646 (1968); Hackett v. State, 266 Ind. 103, 360 N.E.2d 1000, 1004 (1977); People v. Jelke, 308 N.Y. 56, 123 N.E.2d 769, 772, 48 A.L.R.2d 1425 (1954). Commonwealth v. Knight, 469 Pa. 57, 364 A.2d 902, 907 (1970); United States ex rel. Smallwood v. LaValle, E.D.N.Y., 377 F.Supp. 1148, (1974), aff'd 2d Cir., 508 F.2d 837, cert. denied, 421 U.S. 920, 95 S.Ct. 1586, 43 L.Ed.2d 788 (1975). See 23 C.J.S. Criminal Law Sec. 963(3); 21 Am.Jur.2d Criminal Law Sec. 266; Annot., 48 A.L.R.2d 1436, 1450 Sec. 8.
But, upon reflection, error below becomes apparent. Public trials are highly favored in the Commonwealth. The courtroom doors may be closed to the general public only on a rare occasion after a determination that in no other way can justice be served.
Johnson v. Simpson, supra at 646. (Citations omitted).
The most important characteristics of the judiciary are integrity and credibility. Courtrooms are kept open not so that members of the public can expose wrongdoings; rather, they are open to allow the citizens to see for themselves how their laws are impartially applied. It is to the benefit of a free society that judicial proceedings be publicly conducted. Not only are all...
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