The story that appeared Monday on the Daily Report’s Web site, “Judge closes jury selection in death of 92-year-old woman,” suggests that judges have “broad leeway” to close criminal proceedings. They do not have such leeway, especially in Georgia.
In Richmond Newspapers v. Virginia, 448 U.S. 555 1980, the United States Supreme Court held that the public’s right to attend criminal trials is protected by the First Amendment. In R. W. Page v. Lumpkin, 249 Ga. 576 1982, the Georgia Supreme Court cited Richmond Newspapers but found that “Georgia law, as we perceive it, regarding the public aspect of hearings in criminal cases is more protective of the concept of open courtrooms than federal law,” and therefore extended this principle so as to afford a constitutional right of access “as applicable to pre-trial, mid-trial and post-trial hearings as to the trial itself.” 249 Ga. at 578-79. Georgia’s strict standard for closure is grounded in a commitment to the importance of openness:
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