Our goals for this chapter:

• Understand the ways in which judges have tried to close judicial proceedings in order to ensure fair trials
• Know the important appellate court decisions on closed court proceedings and how those decisions have attempted to balance the demands of free press and fair trial
• Learn how access rules vary for different types of court proceedings
• Understand the specific Utah laws and policies regarding court access, particularly those regarding juvenile hearings and cameras in the courtroom

Juvenile Proceedings
The Utah Code grants judges wide discretion to exclude the public and press from trials and hearings for juveniles. To examine the relevant sections of the Utah Code, go to: http://www.le.state.ut.us/~code/code.htm and then go to Title 78-3a-115(1)(a).

Electronic Media in Courtrooms
The use of cameras and audio recording devices in Utah courtrooms is governed by Rule 4-401 of the Utah Rules of Judicial Administration.

Here are the key sections of the Rule:
(1)(A) Filming, video recording, and audio recording in a trial courtroom are prohibited except to preserve the record of the proceedings. The trial courts' video signal of proceedings may be transmitted to an overflow room. No recording of the video may be made in the overflow room, except as part of a pilot program approved by the Judicial Council with the permission of the presiding judge of the court and the judge presiding at the hearing.

(B) Filming, video recording, and audio recording in an appellate courtroom are permitted to preserve the record of proceedings and as permitted by procedures of those courts. A video signal of proceedings may be transmitted to an overflow room where it may be copied.

(2) Still photography, filming and audio and video recording in the courtroom for ceremonial or court approved public information programs are permitted when arranged through the presiding judge of the court.

(3) No one may photograph a juror or prospective juror before the person is dismissed.

(4) Still photography in a courtroom is prohibited, but it may be permitted in the discretion of the judge presiding at the hearing. A request to photograph in a courtroom shall be filed with the judge presiding at the hearing at least 24 hours prior to the hearing. A judge may permit photography with less than 24 hours notice upon a showing of good cause...