Williams v. Stafford

Decision Date11 January 1979
Docket NumberNo. 5009,5009
Citation589 P.2d 322
Parties4 Media L. Rep. 2073 Pete WILLIAMS, News Director of KTWO Radio and Television, Philip Noble, News Correspondent for KTWO Radio and Television, and Harriscope Broadcasting Corporation, d/b/a KTWO Radio and Television, Petitioners, v. Honorable Nena R. STAFFORD, Justice of the Peace in and for Sweetwater County, Wyoming, Respondent, and John J. Rooney, Attorney General for the State of Wyoming, Robert L. Bath, County and Prosecuting Attorney for Sweetwater County, Wyoming, and Edward Cantrell, Impleaded Respondents.
CourtWyoming Supreme Court

Claude W. Martin, of Brown, Drew, Apostolos, Massey & Sullivan, Casper, appeared in oral argument on behalf of petitioners.

There was no appearance at oral argument on behalf of respondent.

Gerald A. Stack, Deputy Atty. Gen., Crim. Div., appeared in oral argument on behalf of John J. Rooney, Atty. Gen., impleaded respondent.

There was no appearance at oral argument on behalf of Robert L. Bath, impleaded respondent.

Robert E. Pfister, Lusk, appeared in oral argument on behalf of Edward Cantrell, impleaded respondent.

Before RAPER, C. J., and GUTHRIE, * McCLINTOCK, THOMAS and ROSE, JJ.

RAPER, Chief Justice, filed a dissenting opinion.

ROSE, Justice.

On July 17, 1978, Edward L. Cantrell was given an initial hearing before the Justice of the Peace in and for Sweetwater County, Wyoming, on the charge of murder in the first degree. During the course of these proceedings, which were held in open court, the Justice of the Peace considered but denied bail to the defendant. The attorney for the defendant then moved that the question of bail be reviewed in accordance with Rule 8, W.R.Cr.P., whereupon the Justice of the Peace indicated that she would be willing to discuss the matter in chambers after adjournment of the initial hearing. Apparently such a discussion was held, but no record was made of this meeting. The Justice of the Peace and the prosecution and defense attorneys then returned to the courtroom to review the bail question. Before considering the bail question, defense counsel moved that everyone, except the On July 24, 1978, the petitioners moved this court to issue a writ of prohibition commanding the Justice of the Peace to make available for public inspection all records of the closed bail-review proceeding. In response, the court entered an order directing the Justice of the Peace to either disclose these records or show cause why they should not be made available for public inspection. The Justice of the Peace answered, alleging that this court lacked jurisdiction over all proper parties, that the review of bail was not a public judicial proceeding, or, in the alternative, that closure was warranted to protect the defendant's right to a fair trial. In response, we issued an order requiring joinder of all proper parties and identified certain issues the court wanted the parties to consider. Briefs were submitted on these various issues and arguments were made orally to the court on October 20, 1978. Having fully considered all relevant questions presented, we will deny the relief requested by petitioners, but we will establish standards for future similar cases.

attorneys, the defendant, law enforcement officers and potential bondsmen, be excluded from the courtroom to avoid prejudice to the defense or the prosecution. The prosecuting attorney offered no resistance to the motion, whereupon the courtroom was cleared. The bail issue was then addressed and, again, the defendant was denied bail.

The primary issue in this extraordinary proceeding is whether the records of the closed bail-review proceeding should be opened for public inspection. Before considering that question, we find it necessary to address several collateral matters.

WRITS OF PROHIBITION AND MANDAMUS

Petitioners have asked this court to issue a writ of prohibition, declaring the respondent's order of closure null and void and directing her to take no further action to exclude the public from proceedings which, they contend, must be held in open court. The function of a writ of prohibition is to prevent action and not to undo that which has already been done. State ex rel. Powell v. Ilsley, Wyo., 387 P.2d 676, 677 (1963); and State ex rel. Mau v. Ausherman, 11 Wyo. 410, 72 P. 200, 214, rehearing denied 73 P. 548 (1902). It is also important to note and emphasize that, other than in exceptional or extraordinary circumstances, the writ of prohibition is only available if the lower court does not have subject-matter jurisdiction or, having such jurisdiction, it exceeds the scope thereof. State ex rel. Weber v. Municipal Court of the Town of Jackson, Wyo., 567 P.2d 698, 699 (1977).

Writs of Mandamus, on the other hand, may direct an inferior tribunal to exercise its judgment but it may not control judicial discretion. Section 1-30-102, W.S.1977. The function of mandamus is to command the performance of a ministerial duty which is plainly defined and required by law. Section 1-30-101, W.S.1977; and LeBeau v. State ex rel. White, Wyo., 377 P.2d 302, 303 (1963). See, Philadelphia Newspapers, Inc., v. Jerome, 478 Pa. 484, 387 A.2d 425, 429, fn. 11 (1978), U.S. appeal pending 434 U.S. 241, 98 S.Ct. 546, 54 L.Ed.2d 506. The primary questions in this case, then, are two, namely, does the Justice of the Peace have a clear duty to release the records of the closed bail-review proceedings, and secondly, do the petitioners have a clear legal right to inspect these records? It would seem, therefore, that the writ of mandamus would be the more appropriate remedy, if any remedy is in fact justified. Still, this court does have the power to grant proper relief, in the form of mandamus, when a party improperly requests a writ of prohibition without objection. Steward v. Judge of the 15th Judicial District, Okl., 542 P.2d 945, 947 (1975). We could, therefore, grant a writ of mandamus, even though prohibition has been asked, providing the petitioners have shown a clear entitlement to such relief.

Rule 16, Rules of the Supreme Court, requires that any application to this court for a writ of mandamus must disclose why it is necessary for such a writ to issue originally from this court. See, State v. Copenhaver, 76 Wyo. 326, 301 P.2d 1066 Returning, then, to the merits of this case, we will consider the following matters:

1067 (1956). Petitioners urge, as their justification for seeking a writ, that a uniform standard concerning the issues presented in this case is needed, and that this court should make and enter the requested order under its supervisory power over the justice of the peace courts under Article 5, § 2, of the Wyoming Constitution. We accept those arguments for the purposes of this case only but, in the same breath, we direct that similar proceedings in the future should be brought first before a lower court whenever possible. In addition, and consistent with our discussion hereafter, we note that since a lower court does have authority to close pretrial hearings under certain circumstances, a test of the court's jurisdiction to do so through an application for writ of prohibition is inappropriate. The issuance of such a writ is closely guarded so as not to disrupt, unless absolutely necessary, the usual course of judicial proceedings. State ex rel. Weber v. Municipal Court of the Town of Jackson, supra, at 700.

1. The appropriate standards for closure of pretrial proceedings, and

2. Whether dissemination of information from this pretrial proceeding would be proper.

STANDARDS FOR CLOSURE

Petitioners urge, in essence, that the respondent's closure order constituted a prior restraint upon freedom of speech in violation of the First Amendment to the United States Constitution, and restricted their access to court proceedings in violation of the Sixth Amendment to the United States Constitution and Article 1, § 8, of the Wyoming Constitution.

It is important, at the outset, to properly characterize the respondent's order. A Prior restraint prevents publication of information In the possession of the press and is presumed unconstitutional. Philadelphia Newspapers, Inc., v. Jerome, supra, citing Oklahoma Publishing Co. v. District, 430 U.S. 308, 97 S.Ct. 1045, 51 L.Ed.2d 355 (1977), and Nebraska Press Ass'n v. Stuart, 427 U.S. 539, 96 S.Ct. 2791, 49 L.Ed.2d 683 (1976). See, ABA Standards Relating to the Administration of Criminal Justice, Fair Trial and Free Press, Standard 8-3.1 (Second Edition Tentative Draft, 1978). Here, the press was not prevented from publishing information in their possession. It was their Access to the information which was restricted. The United States Supreme Court has never held that the First or Sixth Amendments create an absolute right to access to all court proceedings or to all information in the possession of the courts. Philadelphia Newspapers, Inc., v. Jerome, supra; and Gannett Pacific Corp. v. Richardson, Haw., 580 P.2d 49, 55 (1978).

It is also important to note that the petitioners do not occupy a special status distinct from that of the public. Their right to be present derives from their status as members of the public. Gannett Pacific Corp. v. Richardson, supra, at 54, and cases cited therein. Nevertheless, the question of access must be addressed with care and from the proper perspective.

There is almost universal agreement among the courts, which have considered the right-of-access issue, that access to court proceedings should be limited only in exceptional circumstances. See Gannett Pacific Corp. v. Richardson, supra; Philadelphia Newspapers, Inc. v. Jerome, supra; and Keene Publishing v. Keene District Court, N.H., 380 A.2d 261 (1977). The reason for requiring all court proceedings to be open, except where extraordinary reasons for closure are present, is to enhance the public trust and confidence in the judicial process, and to insulate the process against attempts to use the courts as tools...

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    ...v. Kurtz, 94 Wash.2d 51, 615 P.2d 440 (Wash.1980); State ex rel. Herald Mail Co. v. Hamilton, 267 S.E.2d 544 (W.Va.1980); Williams v. Stafford, 589 P.2d 322 (Wyo.1979); see also Revised Report of the Judicial Conference Committee on the Operation of the Jury System on the "Free Press-Free T......
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    ...such irreparable harm as is recognized at law. It was in this vein that we addressed a court-closure issue in Williams v. Stafford, Wyo., 589 P.2d 322, 325 (1979), when we "There is almost universal agreement among the courts, which have considered the right-of-access issue, that access to ......
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  • "incorporation" of the Criminal Procedure Amendments: the View from the States
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