USCA1 Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT
____________________

No. 94-2170

UNITED STATES,
Appellee,

v.

THREE JUVENILES,
Defendants - Appellees.

____________________

GLOBE NEWSPAPER COMPANY,

Intervenor - Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Patti B. Saris, U.S. District Judge]

___________________

____________________

Before

Torruella, Chief Judge,

___________
Bownes, Senior Circuit Judge,
____________________
and Selya, Circuit Judge.
_____________

_____________________

Jonathan M. Albano,
___________________

with whom

Mark W. Batten,
_______________

Alicia L.
_________

Downey and Bingham, Dana & Gould, were on brief for appellant.
______
_____________________

Eileen Penner,
_____________
Deval L. Patrick,
__________________

Attorney, Department of
Assistant

Attorney

Justice, with

General,

and

whom

Jessica
_______

Dunsay Silver, Attorney, Department of Justice, were on brief for

_____________
appellee, United States.

____________________

July 31, 1995

____________________

TORRUELLA, Chief Judge.

TORRUELLA, Chief Judge
_______________________

This

appeal requires

us to

interpret and apply the confidentiality provisions of the Federal

Juvenile Delinquency Act (the "Act"), 18 U.S.C.

hold

that the Act authorizes,

juvenile

proceedings.

Although we

court's interpretation of the

the

court's

decision to

but does not

5031-5042.

We

mandate, closure of

disagree with

the district

statute, we nevertheless find that

close the

proceedings was

within its

discretion and proper under the Act.

I.
I.

On

July

19,

1994,

the

government

charged

three

juveniles with civil rights violations under the Federal Juvenile

Delinquency Act (the "Act"), 18 U.S.C.

involved "hate

crimes" allegedly

members of a white supremacist

5031-5042.

committed by the

group.

The charges

juveniles as

On the same day

that the

juveniles were charged, the

Clayton,

with

violate civil

interfere

race).

with

violations

rights) and

federally

The indictment

violations as a

member of

grand jury indicted an adult,

of 18

Brian

U.S.C.

241 (conspiracy

to

371 (conspiracy

to intimidate

and

protected

charges

that

activities

on account

Clayton committed

the same white

of

these

supremacist group

to

which the three juveniles allegedly belonged.

Just prior

to the juveniles' arraignments

1994, intervenor-appellant Globe Newspaper Company

moved to

intervene in the

juvenile proceedings for

on July 20,

(the "Globe")

purposes of

gaining access to the arraignments and subsequent proceedings, as

well

as to any judicial documents filed in connection with those

-2-

proceedings.

and granted

denied

5038

The district court allowed the

it access to

certain redacted court

public access to the

of the

Globe to intervene

Act mandated

arraignments on the

closure of

documents, but

grounds that

the proceedings.

United
______

States v. Three Juveniles, Globe Newspaper Co., 862 F. Supp. 651,

______
____________________________________

658 (D. Mass. 1994).

closure

The court alternatively held

were discretionary,

it would

close the

that, even if

proceedings in

this case.

First

See id. at 658.

___ __

Amendment

proceedings, that

Act

to mandate

creates

The Globe argues on appeal

that the

juvenile

right

the district

closure of

factors set forth and

of

access

court erred by

interpreting the

juvenile proceedings,

relied upon by

to

and that

the

the district court in

its

opinion are not sufficiently compelling to justify closure of the

proceedings.

II.
II.

The

issues

presented

by

this

appeal

involve

the

interpretation and constitutionality of certain provisions of the

Act.

Because these are purely

plenary.

See United States

___ _____________

questions of law,

v. Gifford,
_______

our review is

17 F.3d 462,

472 (1st

Cir. 1994); see also United States v. M.I.M., 932 F.2d 1016, 1019

________ _____________

(1st Cir.

1991) (district

______

court's interpretation of

statute is

reviewed de novo).
__ ____

The

Act

governs

the

detention

juveniles charged with delinquency.

statute

18 U.S.C.

also contains confidentiality

-3-

and

disposition

of

5031-5037.

The

provisions, set

forth in

5032

and 5038.1

Enacted in 1938,

the Act was

intended "to

____________________

Section 5032 provides in relevant part that:

. . . any proceedings against [an alleged

juvenile

delinquent]

shall

be

appropriate district court of

States.

an

the United

For such purposes, the court may

be convened at any
the

in

district,

time and place within

in chambers or otherwise
_________________________

. . . .

18 U.S.C.

5032 (emphasis

added).

provision,

5038, provides that:

The

second confidentiality

(a) Throughout and upon the completion of

the juvenile
records

delinquency proceeding, the

shall

be

safeguarded

disclosure to unauthorized persons.

records
necessary

shall be released
to

circumstances:

meet

from
The

to the extent
the

following

(1) inquiries received from another

court of law;
(2)

inquiries

preparing a

from

an

agency

presentence report for

another court;
(3) inquiries
agencies

from law enforcement

where

information

the

is

investigation

request

related

of

for

to

crime

the
or

position within 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

considering
position

from

the

an

person

immediately and

affecting

agency
for

directly

the

national

security;

(6)

inquiries

from any

victim of

such

juvenile

and

the

victim

immediate

delinquency, or

if

deceased from

the

is
family

of such

victim,

related to the final disposition of

such

juvenile

by

the

court

accordance with section 5037.

in

-4-

provide

for the

H.R. Rep.

care

. . .'."

of juvenile

delinquents."

No. 2617, 75th Cong., 3d Sess. 1 (1938).

underlying purpose is to

assist

and treatment

youths

"[T]he Act's

rehabilitate, not to punish, so

in becoming

productive

members

In re Sealed Case (Juvenile Transfer),

______________________________________

of our

as 'to

society

893 F.2d 363,

367 (D.C.

Sess.

Cir. 1990) (quoting

S. Rep. No.

22 (1974)); accord United States v. Welch,

______ ______________
_____

1211 n.12 (1st Cir. 1993), cert.

____

To

1011, 93d

this end,

the Act

68; see also S. Rep.

_________

15 F.3d 1202,

denied, 114 S. Ct. 1863 (1994).

______

attempts to

stigma of a criminal record.

insulate juveniles

No. 1989,

otherwise

section,
record

75th Cong., 3d

authorized

information about
may

not

be

by

Sess. 1

for

this

the juvenile

released

when

request for information is related

application

employment,

the
to an

license,

bonding, or any civil right or privilege.

Responses to such inquiries shall
different

from

responses

not be

made

about

persons who have never been involved in a

delinquency proceeding . . . .

(c)

During the

from the

In re Sealed Case, 893 F.2d at 367_________________

____________________

Unless

Cong., 2d

course

of any

juvenile

(1938)

proceeding,
relating

all information

to

the

proceeding, which

obtained or prepared
an

official duty

court

or

an

governmental
disclosed
anyone
the

are

in the discharge of

by an employee

employee
agency,

directly

of

any

shall
or

of the
other
not

be

indirectly

to

other than the judge, counsel for

juvenile

others

and records

and

entitled

the

Government,

or

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 . . . .

-5-

("[A]

juvenile

delinquent

for

whom

there

is

some

hope

of

rehabilitation should not receive the stigma of a criminal record

that

would

attach

confidentiality

essential

to

to

him

provisions

the

Act's

throughout

of

the

statutory

Act

his

are

scheme

life.").

The

therefore

and

quite

overarching

rehabilitative purpose.

Based on its reading of the statute and its legislative

history, the district

court held

that the Act

allowed it

some

discretion to disclose information about juvenile proceedings, so

long as the disclosure does not contravene the "express

of

5038(e)

that the juvenile's

name and

mandate"

picture not be

made

public.

862 F.

according

Supreme

Supp. at

to the

This

district court,

Court's First

(citing, inter
_____

658.

construction of

is also

the Act,

consistent

Amendment jurisprudence.

Id.
__

with the

at 655-56

alia, Globe Newspaper Co. v. Superior Court for

____ ____________________
___________________

the County of Norfolk, 457 U.S. 596, 608 (1982)).

_____________________

We turn now to

the Globe's contention

interpretation

that the district court's

was in error.

III.
III.

As

First

the district

court recognized, the

Amendment concerns, and thus must

Supreme Court's

First Amendment

be interpreted with the

jurisprudence in

well-settled that the First Amendment provides a

access to most proceedings

Act implicates

mind.

It

is

right of public

growing out of adult criminal

cases.

_____

See
___

Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 3 (1986)

____________________
______________

("Press-Enterprise II") (First Amendment provides right of access

___________________

-6-

to transcript of preliminary

Press-Enterprise Co.
____________________

501,

508-510

(1984)

hearing of a criminal prosecution);

v. Superior Court of California,

_____________________________

("Press-Enterprise

I")

(First

464 U.S.

Amendment

___________________

creates

"presumption of

criminal case);

openness" of

voir dire
____ ____

Richmond Newspapers, Inc. v.

_________________________

proceedings in

Virginia, 448 U.S.

________

555, 580 (1980) (plurality opinion) (the public's right to attend

criminal trials

This

is implicit

First Amendment right

Competing

in First Amendment's

of access is

guarantees).2

not absolute, however.

values and interests may warrant a denial of access to

proceedings and records in some situations.

478 U.S. at 9;

Press-Enterprise II,
___________________

see also Rivera-Puig v. Garc a-Rosario,

________ ___________
______________

311, 314 (1st Cir. 1992).

determine whether

983 F.2d

In such a case, reviewing courts must

the closure

is "essential to

values" and "narrowly tailored to

Enterprise I, 464 U.S. at 510.

preserve higher

serve that interest."

Press______

____________

Since

the

"Juvenile

Court" movement

country at the end of the last century, all

began

in

this

states, the District

of Columbia, and Puerto Rico have adopted juvenile court systems.

See In re Gault, 387

___ ___________

U.S. 1, 14 (1967).

The development

of the

juvenile justice system throughout the country has been marked by

a "special sensitivity" about information regarding juveniles and

"the

impact that

public dissemination

of such

information may

____________________

Although some

access

to

civil

Philippines v.
___________
Cir.

1991),

circuits have
trials

as

recognized

well,

see,
___

Westinghouse Elec. Corp.,

________________________
this Circuit

Amendment mandates such a

Cryovac, Inc., 805 F.2d
______________
unnecessary to do so here.

has never

a public
e.g.,
____

Republic
of
_____________

949 F.2d 653,

decided whether

general right of access.

1, 10-11 (1st

right of

Cir. 1986).

659 (3d

the First

Anderson v.
________

We find it

-7-

have

on the

youths

Publishing Co.,
_______________

Publishing").
__________

authorize

Supreme

or

Court

28

involved."

F.3d

United States
______________

1353,

1357

Accordingly, many, if not

mandate closure

has

also

of

(3d

confidentiality of juvenile proceedings.

Cir.

A.D., PG
_________

1994)

("PG
__

most, states currently

juvenile

acknowledged

v.

proceedings.3

this

tradition

The

of

See, e.g., In re Gault,

___

387 U.S.

____

___________

at 25 ("[T]here is no reason why, consistently with due

process, a

State cannot

provide

and

to improve

records

of

police

continue, if it

provision

contacts

for

and

deems appropriate,

to

the confidentiality

of

court

action

relating

to

whether

the

juveniles.").

The

First

Supreme Court

has

never determined

Amendment

right of

public

access

attaches to

proceedings, and

thus has

not decided whether

juvenile

across-the-board

closure of such proceedings violates the First Amendment.

See PG
___ __

____________________

See,
___

e.g., Ala. Code 12-15-65(a); Alaska

____

Stat. 47.10.070(a);

Conn. Gen. Stat. Ann. 54-76h; D.C. Code Ann. 16-2316(e); Ga. Code
Ann. 15-11-28(c); Hawaii
Juv.

Rev. Stat. Tit. 31

R. 22(b); Ill. Rev. Stats. Ch.

s. 571-41(b); Idaho

705 s. 405/l-5(6); Ky. Rev.

Stat.

Ann. 610.070(3);

Miss. Code

Ann. 43-21-203(6);

Mo. Ann.

Stat. 211.171(5); Nev. Rev. Stat. 62.193(1); N.H. Rev. Stat. Ann.
169-B:34;
6336(d);

N.D.
R.I.

Cent. Code
Gen. L.

27-20-24(5);

14-1-30; S.C.

Codified Laws Ann. 26-7A-36;

Va.

Cons. Stat.

Code Ann.

Ann.

20-7-755; S.D.

Vt. Stat. Ann. Tit. 33

s. 5523(c);

Code Ann. 13-34.110;

W. Va. Code

Code 16.1-302; Wash. Rev.

49-5-1(d); Wis.

Pa.

Stat. Ann. 48-299(1)(a); Wyo.

Stat. 14-6-224(b)

(all authorizing or requiring that the general public be excluded

from juvenile proceedings).

See also Calif. Welf. &

________

676(a); Me. Rev.

Tit. 15 s.

Stat. Ann.

Inst. Code

3307(2)(B); Mass.

Gen.

Laws Ann. ch. 119 s. 65; Minn. Stat. Ann. 260.155(c); Okla. Stat.
Ann. Tit. 10 s. 1111(A)(1); Tex.
Ann.

78-3a-33(2)

proceedings
offenses,

except
such as

(all
for

Fam. Code Ann. 54-08; Utah Code

barring
those

murder, or

the

public

involving
when the

fifteen years).

-8-

from

certain

juvenile is

juvenile
classes

of

older than

Publishing,
__________

28

F.3d

at 1357.

In

very instructive

case,

however, the Court addressed whether the First Amendment allows a

statutory bar

the

to public access

to adult criminal

trials during

testimony of sex-offense victims who are minors.

457 U.S. at

607.

Although the Supreme

See Globe,
___ _____

Court acknowledged

the

compelling state interests of protecting the victims from further

trauma and

forward, it

embarrassment and

held that neither interest

blanket closure

victim.

encouraging other victims

in every

Id. at 607.
__

[A]s

sufficiently justified a

case involving a

youthful sex-offense

The Court explained:

compelling

as

that

to come

interest

[in

protecting the minor victims] is, it does

not justify a mandatory closure rule, for
_________
it is clear that the circumstances of the
particular

case

may

significance

of the

interest.

court

can

basis

whether

protect

determine

victim. . . .
requires

general

A trial

case-by-case

is necessary

welfare

of

Section 16A,

to

minor

in contrast,

exclusion of the

public,
by

short,

and

would

16A

cannot

State's

be

press and
not

their presence.

narrowly tailored
the

the

closure even if the victim does

not seek the

injury

on a

closure

the

affect

suffer

viewed

In
as

means of accommodating

asserted

interest:

interest could be served

That

just as well by

requiring the trial court to determine on

a case-by-case basis whether
legitimate concern for the
the

minor

Such

an

the State's
well-being of

victim necessitates
approach

ensures

closure.
that

the

constitutional right of the press and the

public to gain access to
will

not

necessary

be
to

restricted
protect

criminal trials
except
the

where
State's

interest.

Id.
__

Significantly, the Court added:

-9-

We emphasize that our holding is a narrow

one:

that a rule

respecting

the

of mandatory

testimony

victims is constitutionally

closure

of minor

sex

infirm.

In
__

individual cases, and under appropriate

_________________________________________
circumstances,

the First

Amendment does

_________________________________________
not necessarily stand as a bar to the
_________________________________________
exclusion from the courtroom of the press
_________________________________________
and general public during the testimony
_________________________________________
of minor sex-offense victims.
But a
_________________________________________
mandatory
rule,
requiring
no
_________________________________________
particularized
determinations
in
_________________________________________
individual cases, is unconstitutional.
_____________________________________

Id. at 611 n.27 (emphasis added).

__

In the instant

does

have

First

proceedings.

at

requirement

Amendment

right

of

that the public

access

to

juvenile

Relying on the Court's language in Globe, 457 U.S.

_____

607-08, 611,

construction

case, the Globe argues

of

on

the

Globe contends

the

Act

all

as

juvenile

that the

imposing

"a

proceedings"

district court's

mandatory

renders

closure

the

Act

unconstitutional.

right

of public

proceedings,4

applicable

Assuming

access does

apply to

the First

some degree

Amendment

to juvenile

we agree that while the Globe case is not directly

_____

here, the

suggests that

arguendo that
________

Court's

reasoning in

that case

the district court's preferred reading

strongly

of the Act

raises some serious First Amendment concerns.

There

may,

however,

potential conflict between the

be

no

need

to

resolve

Act and the First Amendment.

this

It

____________________

This is, however, a highly dubious assumption, particularly in

light

of the

confidentiality

long,

entrenched, and

regarding

compelling rehabilitative

juvenile

well-founded tradition
proceedings,

purposes behind

of

and

the

this tradition.

See
___

supra note 2; see also In re Sealed Case (Juvenile Transfer), 893

_____
________ _____________________________________
F.2d 363, 367 (D.C. Cir. 1990); discussion infra section IV.
_____

-10-

is a well-established rule

an

otherwise acceptable

serious

construe

constitutional

the

construction

statute

is plainly

DeBartolo Corp.
_______________

of statutory construction that "where

construction of

problems,

to

avoid

contrary

a statute

[reviewing

such

to the

would raise

courts

problems

should]

unless

intent of

v. Florida Gulf Coast Trades Council,

__________________________________

such

Congress."

485 U.S.

568, 575 (1988).

We therefore must examine the Act's purpose and

language to determine whether

constitutionality into

it is necessary to call

question by

construing it to

the Act's

mandate an

across-the-board bar to public access.

IV.
IV.

As we have explained, the primary purpose of the Act is

to facilitate the

rehabilitation of juvenile delinquents.

Sealed Case, 893 F.2d

____________

at 367.

Protection

In re
_____

of the juvenile from

the stigma of a criminal record by preserving the confidentiality

of proceedings is

scheme.

an essential

element of

the Act's

statutory

See discussion supra at 5.

___
_____

The

government argues

that

the Act's

rehabilitative

purpose can only be

effectuated by prohibiting public disclosure

of information about juvenile

Act's

language

explicitly

proceedings, and contends that the

so

directs.

The

Globe

contends,

conversely, that the Act's language does not mandate closure, but

leaves

the decision to

determined

relies

the district

on a case-by-case basis.

heavily on

PG Publishing,
_____________

-11-

court's discretion,

to be

In so contending, the Globe

28 F.3d

at 1359-60,

and we

agree

that the Third Circuit's

reasoning in that

case is quite

persuasive.

As the

expressly

862

require a

F. Supp.

juvenile

within

district court

closed hearing

at 655.

proceedings may

the

district, in

certainly seems

acknowledged, the Act

Section

be

juvenile proceeding.

5032 of

the Act

convened "at

any

chambers or

to contemplate

exercise their discretion

for a

does not

provides that

time and

otherwise."

place

This phrase

that district court

judges will

to determine when, where,

and in what

manner

juvenile proceedings

agree

with the Third Circuit

will

be conducted.

that the language

Moreover,

we

"in chambers or

otherwise" strongly implies that the district court's

discretion

includes

"a decision

public access."

the Act

not

regarding the

availability and

PG Publishing, 28 F.3d at 1359.

_____________

therefore provides

intend mandatory

This section of

"strong evidence" that

closure of

degree of

all juvenile

Congress did

proceedings, but

rather left the question of public access to the district court's

discretion.

Id.
__

The first paragraph of

"the records

from

[of any

disclosure

provision,

the

enumerated

in

Congressional

juvenile proceeding] shall

to unauthorized

government

prohibits disclosure

5038(a) of the Act states that

persons."

contends

Pointing to

the

of juvenile records except

subsequent paragraphs,

intent

that

to

create

an

and

be safeguarded

that

Act

this

explicitly

to the entities

this evidences

across-the-board

ban

on

disclosure

to any

and

all other

parties.

We

do

not think,

-12-

however, that

this language is quite so

does not explicitly

records,

but

"safeguarded

conclusive; the section

mandate denial of public

_______

provides

only

from disclosure to

that

the

access to juvenile

records

are

unauthorized persons."
____________

to

be

Giving

this

phrase a less strained, more common sense reading, we think

that the section prohibits

authorized

See
___

by the district court

______________________

PG Publishing,
______________

conclusion).

all

of

28

5038(a) rests

"when the

F.3d

to receive

at

1359

court

in the final

employment,

license,

the

same

mandate contained in

paragraph, which prohibits

from authorizing

request for information

not

such information.

(reaching

The only express prohibitive

the district

for

disclosure only to those persons

disclosure

is related to

bonding

or

any

in

situations

an application

civil

right

or

enumerated

in

privilege."

Nor

paragraphs

exclusive

do

(a)(1)

we

think

through

list of persons

that

(a)(6)

the

parties

of

5038

intended by Congress

constitute

the

to ever receive

information

about juvenile proceedings.

merely list those

records

upon

exclusive

relation

then

disclosure

have a right

Indeed,

the

when

F.3d at 1360.

5038(a) further

if this

final

to a job application,

Publishing, 28
__________

that

request.

list,

(prohibiting

persons who

Rather, the paragraphs

the

to obtain

were

paragraph

information

etc.) would be

Read as

juvenile

meant to

of

the

is

be an

section

sought

in

superfluous.

PG
__

a whole, then,

we think

evidences Congressional intent

to leave

-13-

disclosure

of

juvenile

records

within

the

district

court's

discretion.5

The only section of the Act that suggests that Congress

intended

an across-the-board bar to

public access is

5038(e),

which provides that "neither the name nor picture of any juvenile

shall be

made public in

proceeding."

permit

would

The

district court

public access

certainly,

contravention of

connection with a

to the

reasoned that

proceedings, the

unavoidably,

5038(e).

juvenile delinquency

be

made

if it

juveniles' names

public,

862 F. Supp. at 655.

were to

in

direct

Because it saw

no

way to

obey the

proceedings, the

closure.

letter of

5038(e)

district court

Id. at 655-56.
__

The

short of

closing the

interpreted the Act

to mandate

government now urges us to affirm

this interpretation, arguing that

any other reading would render

the confidentiality provisions a nullity.

On this point, however, we are

persuaded once again by

the reasoning of the PG Publishing court, which explained:

_____________

A prohibition against making a juvenile's

name or picture available to
however,

strikes us

unlikely

way

as an

indirect and

for Congress

to stipulate

that all hearings

closed
that

to

under the Act

the public.

restrict

the public,

will be

State statutes

access

proceedings generally do so

to

juvenile

directly and

____________________

The

language

of

5038(c)

does

not

conflict

with our

interpretation.
records

This section provides that

relating

directly or

to

the

proceeding "shall

indirectly to anyone

for the juvenile

and the

not

other than the

be

judge, counsel

(Emphasis added).

phrase to mean any other

by the court to receive information under

likely that
limit

We

think

5038(a).

far

more

5038(e) was intended not to

the discretion of

regulate

it

access to

We

persons authorized

-14-

clearly. . . .

disclosed

Government, or others entitled under

__________________________

this section to receive juvenile records."

________________________________________
read the underlined

all information and

trial judges to

juvenile delinquency

proceedings,

but

to

enforcement officials

foreclose

law

from holding press

conferences at which the name and picture

of the juvenile would
connection

with

be "made public in

a juvenile

delinquency

proceeding."

28 F.3d at 1360-61 (quoting 18 U.S.C.

5038(e)).

Certainly,

if

Congress intended to mandate closure of all juvenile proceedings,

it

could have done

U.S.C.

so expressly

and directly.

3509(e) (authorizing "the exclusion

Cf.,
___

e.g., 18
____

from the courtroom

of all persons, including members of the press, who do not have a

direct

interest

in

the case"

during

the

testimony of

child

witnesses).

We

prohibition

prevents

also

on

agree

disclosure

unfettered public

with

of

the

Globe

a juvenile's

access to

that

name

even

and

proceedings, it

if

the

picture

does not

necessarily follow

that

5038(e)

commands total closure.

The

statutory directive can

in many instances be satisfied by other,

less restrictive means.

For example, public access to records or

proceedings

picture,

poses

no

risk

of

disclosure

of

the

juvenile's

as cameras can be banned from the proceedings and names

redacted from documents.

Similarly, there are methods

short of

complete closure, such as the use of initials or pseudonyms, that

would

protect against

inadvertent disclosure of

the juveniles'

think that interpreting the

entire Act in

names.

Finally, we

light

of

5038(e), rather

than vice

-15-

versa,

attributes undue

significance to that section.

5038(e)

To hold that the Act must

is effectively

to ignore

mandate

closure

because of

strong

indicia

elsewhere in the statute that Congress did not intend to

create a blanket prohibition on public access, but rather to vest

discretion with the district courts

to fashion proceedings in

manner most appropriate for each individual case.

For

mandate

these

reasons,

we hold

across-the-board closure

but merely authorizes closure, or

that

for all

the

Act does

not

juvenile proceedings,

any other measures designed to

ensure confidentiality, to be

at the discretion

of the district

interpretation fully

the

statute as

determined on a case-by-case basis

comports with

a whole,

and is

construction of the Act that

court.6

We think that

the purpose and

far preferable

to

this

language of

a strained

mandates complete closure and

thus

triggers First Amendment concerns.

V.
V.

We turn now to the Globe's final contentions on appeal,

namely, that the district court's articulated reasons for closing

the

proceedings are

not

"sufficiently compelling"

to

justify

closure in this case, that the court's order does not effectively

serve its intended interests, and that the order is not "narrowly

tailored."

The Globe offers several theories in support of these

contentions, none of which we find persuasive.

____________________

We

emphasize that we are not holding

juvenile proceedings ought

to be

open.

or even suggesting that

We

are merely

holding

that the Act does not invariably require them to be closed.

-16-

As

arguments

on

an

initial

matter,

we

this point

seem to

rest

note

that

on the

the

Globe's

assumption that

juvenile

proceedings

compelling interests

court must

should

justify

be

open

as

closure.

rule,

and

Certainly,

exercise its discretion soundly,

only

district

and must articulate

reasons which are supported by the record and in keeping with the

policies of the Act.

however,

the language

Contrary to the Globe's implied assumption,

and policy

of the

history of juvenile justice proceedings

Act, as

well as

the

in this country over the

past century, indicate that a court's exercise of its

discretion

to close juvenile proceedings is not an exception to some general

rule of openness, but the norm.

The

district court's

findings here

were meticulously

specific.

The court first correctly noted

the Act's overarching

objective

of

stigma

protecting

facilitate rehabilitation.

juveniles

from

862 F. Supp. at 657.

in

order

to

The court found

that

these

juveniles

rehabilitation, based

transfer to

were

on the

Id.
__

were closed.

to seek

two of

The district court also gave weight

to the

proceedings, noting that the media

subjected the youths to

concluding that adequate protection

and public

to

clean prior records of

juveniles' opposition to open

had already

amenable

prosecutor's decision not

adult status and the

the juveniles.

particularly

scrutiny would

overwhelming publicity, and

of the juveniles from stigma

be impossible unless

Id.
__

-17-

the proceedings

The

relied upon

Globe

contends that

the opposition of

proceedings,

as such

suggest that

this case

of

the

allowing public

juvenile,

on

is

one

access

advice of

should not

"unremarkable"

have

to open

and "does

involves any individualized

not

concern for

present in virtually every juvenile

As the government points

accused

court

the juveniles themselves

wish is

closure different from those

proceeding."

the

of the

to the

out, however, protection

strongest

proceeding.

counsel,

opposes

justifications

When

the

for

accused

public access,

this

justification

is

vitiated.

assessment of their

Further,

the

interests is a highly

juveniles'

own

reliable indicator of

whether they will be irreparably stigmatized by open proceedings.

Given the Act's

from such

strong policy in

favor of protecting

stigma,

we think

the juveniles'

was a

relevant

factor for

proceedings

juveniles

opposition to

the

open

district court

to

consider.

The Globe also attempts to downplay the significance of

the

fact that the juveniles

prosecution.

The prosecutors'

had not been

transferred for adult

determination not to transfer the

juveniles is based on an evaluation of criteria set forth

by the

Act, including the age and social background of the juvenile, the

nature of the alleged offense, the extent of the juvenile's prior

record, and

the juvenile's present intellectual

psychological maturity.

18

U.S.C.

criteria are highly significant

the

5032.

development and

Because all of these

indicators of the amenability of

juvenile to rehabilitation,

they are also

very relevant to

-18-

the court's decision whether to close the proceedings.

By taking

the prosecutors' decision into consideration, then, the court was

also giving weight

often

not

to these

factors.

militate in favor of

in

any

contrary, it

way diminish

That

these factors

will

closure in juvenile proceedings does

their

relevance

merely underscores the Act's

or

weight; to

the

strong preference for

preserving the confidentiality of juvenile records.7

The Globe also contends that the district court's order

does not effectively serve its

the

court's

"effectively

opinion

intended interests, as nothing in

indicates

that

preserve the juveniles'

the

closure

order

confidentiality."

will

In its

opinion, the district court recognized that media coverage of the

proceedings had already been extensive, that one of the juveniles

had already been interviewed, that the juveniles had already been

identified

details

of

several

times in

their alleged

the press,

conduct

had

and

that many

already been

of the

disclosed

through the related

F. Supp. at 659.

adult criminal prosecution of Clayton.

The Globe now points to these facts and argues

that because all this

press,

even

862

information had already been aired

"whatever stigma

the juveniles

may acquire

if the press is excluded from the proceedings."

in the

will attach

Therefore,

____________________

The

Globe also

juveniles'
"seeing

alleged

justice

proceedings.

suggests
conduct

done,"
Given

the

that the
augments

and

heinous
the

therefore

Act's policy

public
supports

of

and

the alleged crimes have provoked

of the

interest

in

opening

the

preventing

however, this argument is completely misguided.

because
_______

nature

stigma,

It is precisely

so much public outrage

antipathy that closure becomes more appropriate, in order to

best effectuate the Act's purpose.

-19-

according

to the

order cannot

Globe,

because the

possibly preserve

district court's

closure

the juveniles' anonymity,

it is

ineffective, and cannot stand.

This is

ramifications.

the press

any

flawed, circular

Essentially, the

has already

further

attempts

argument with

Globe is arguing

obtained and published

by

the

district

that because

some information,
____

court

confidentiality are either futile or irrelevant.

disturbing

to

preserve

Contrary to the

Globe's

suffered

further

the

contention, the

stigma does

that the

juveniles have

not justify removing

protections created by the Act.

government that

information

into

to

over important

allow the

an unfettered

nonpublic proceedings

order

or denying

media to

right

point, and

sufficiently

already

them all

Moreover, we agree with

of

"leverage" partial

access to

would grant the media

state interests.

contentions on this

closure

fact

otherwise

a dangerous control

We therefore reject the Globe's

hold that

serves

its

the district

stated

court's

purpose

of

preserving what confidentiality remains of the proceedings.

The Globe also argues that the district court's closure

order is

not "narrowly

tailored."

Because the

district court

could have effected its intended purpose through less restrictive

means,

such

as

using

pseudonyms

and

redacting

identifying

information from

proceedings and records, the

total ban on public

the

Globe

courts

access was unwarranted.

is relying

must

meet

on the

the

Globe argues, its

Again, we note that

dubious assumption

extremely

stringent

that district

First

Amendment

-20-

standards

applied to

adult criminal cases

closure of juvenile proceedings.

in order

to justify

Even

applicable

assuming,

however,

here, we find that

As the

that

such

standards

they are sufficiently

met by the

court's

order.

bar the

media from publishing information legally obtained.

F. Supp. at 657 (citing

U.S. 97

(1979)).

identifying

information

would

remain

confidential

the press, the court concluded

less restrictive alternative to

We

the

juveniles had already been

the juveniles' names from the

have

been

the

that it

The identities of

widely publicized.

Redaction of

proceedings as the Globe

an

if

closing the proceedings.

think this reasoning is quite sound.

therefore

862

Smith v. Daily Mail Publishing Co., 443

_____
__________________________

Id.
__

would

it could not

Because it had no way of ensuring that certain

proceedings were open to

had no

district court recognized,

are

exercise

in

suggests

futility.

Realistically, the

of

the

"redacted"

information

other

press would merely publish

proceedings,

substituting

previously obtained.

compromise

measure,

detailed accounts

In

would

the

identifying

short, redaction,

have

been

or any

ineffective

in

preserving the confidentiality of the proceedings.8

____________________

We

likewise reject

the Globe's arguments

court's order impermissibly infringes

to
the

that the

district

the public right of access

court records by shifting the burden of obtaining access onto

public.

interested

Rather than
parties to

suggests,

the

required

court

sealing the

move for

to

and requiring

further disclosures,

should have

trial counsel

case file

done

move for

just

the

the Globe

opposite and

impoundment of

particular

documents.

This contention is yet another example of the Globe's

attempt to

force juvenile

framework
5038(a)

developed for
of

the

Act

proceedings into the

adult

First Amendment

criminal proceedings.

specifically provides

-21-

that

Section

throughout

Finally, the

order

violates

the

Globe contends that the

public's

proceedings and records.

recognize a general right

documents."

597

"best

right

of

access

to

It is true that "courts of this country

to inspect . . .

judicial records and

Nixon v. Warner Communications, Inc.,

_____
___________________________

(1978).

right is

common law

district court's

435 U.S. 589,

The Supreme Court has explained, however, that this

not absolute; rather, the decision as to such access is

left to

the

sound

discretion

of

the

trial

court,

discretion to be

circumstances

that

exercised in

of the particular case."

this common law right

records,9

we do not think

improperly

light of the

infringes

qualified common

law

relevant facts

Id. at 598-99.
__

of access applies

right of

right.

In

access to

court's order here

this

scheme of the Act.

them,

confidentiality

the

Act's

context,

proceedings has

supplanted by the statutory

however,

Assuming

to juvenile court

that the district

on this

and

the

been

As we interpret

provisions

do

not

significantly alter or restrict that common law right in any way,

but

leave public access to the sound discretion of trial courts.

Because

the

district

court's

order fully

comports

with

the

shall

be

____________________

juvenile

delinquency

proceeding,

"the

records

safeguarded from disclosure to unauthorized persons."

As we have

explained, this section grants

the district court the discretion

to

as it

release

juvenile

records

district court's order here

the Act, and

we therefore

deems

appropriate.

The

meticulously tracks this language of

find that its

method of

determining

public access to court records is entirely proper.

It

is not

altogether clear

access applies to juvenile

sound

tradition of

proceedings.

that this

common law

court records, in light of

preserving

the confidentiality

right of

the long,

of juvenile

See supra note 4.

___ _____

-22-

provisions of

the

Act and

is

thus a

proper

exercise of

its

discretion,

the order

existing common law

cannot be

right of

said to

access.

We

infringe on

any pre-

therefore reject

the

Globe's arguments on this point.

VI.
VI.

mandate,

In sum, we hold

that the Act authorizes, but

does not

the

juvenile

district

closure of

court's closure order was

proceedings.

The

fully justified on the record

and was

therefore an entirely proper exercise of its discretion under the

Act.

Affirmed.
________

-23-