NJ Juvenile Crime Lawyer

N.J. Stat. Ann.§ 2A:4A-60 (1999): Juvenile records are “strictly safeguarded” from the public, except the identity of a juvenile may be disclosed when the juvenile is under warrant for arrest for an act that would constitute a crime if committed by an adult. Members of the public also have access to a juvenile’s identity where the offense for which the juvenile has been adjudicated delinquent if committed by an adult, would constitute a crime of the first, second or third degree murder, or aggravated assault, destruction or damage to property to an extent of more than $500.00, unless upon application at the time of disposition the juvenile demonstrates a substantial likelihood that specific and extraordinary harm would result from such disclosure in the specific case. Where the court finds that disclosure would be harmful to the juvenile, the reasons therefore shall be stated on the record. In addition, if a person knowingly discloses, publishes, receives, or makes use of confidential information concerning a particular juvenile, that person can be convicted of a disorderly persons offense. Finally, the court may, upon application by the news media, permit public attendance during any court proceeding at a delinquency case, where it determines that a substantial likelihood that specific harm to the juvenile would not result. In such an instance, the court shall permit a victim to make a statement prior to ordering a disposition in any delinquency proceeding involving an offense that would constitute a crime if committed by an adult. The court shall have the authority to limit and control the attendance in any manner and to the extent it deems appropriate.

N.J. Court Rules, 1969 R. 5:19-2 (1998): In general, every hearing shall be conducted in private and only persons who have a direct involvement in the proceeding may attend, except as provided in .§ 2A:4A-60(g). Further, at the judge’s discretion, any person who has an interest in the work of the court attendance may be permitted to attend a private hearing provided that person shall agree not to record, disclose or publish the names, photographs or other identifying data with respect to any of the participants in the hearing. Upon objection by a juvenile, a juvenile’s attorney or a juvenile’s parents, guardian or custodian, any person seeking permission to attend because of interest in the work of the court may be excluded from any hearing involving said juvenile.

Access granted: The New Jersey Court of Appeals held that a hearing to determine whether a juvenile will be tried as an adult offender was open to the media, since the juvenile failed to demonstrate evidence of substantial likelihood that he would be specifically harmed by an open hearing, and since no extraordinary circumstances were established which would compel use of court’s discretion to close hearing. In re Presha,677 A.2d 806 (N.J. Super. 1996).

Access Denied: With regard to whether a victim has standing to oppose the presence of the media, the New Jersey Court of Appeals held that the victim has a direct interest in deciding whether to open the proceedings and can petition the court to consider his/her position. The court determined that in this case, because of the victim’s acute post-traumatic disorder, press coverage would lead to permanent harm to the victim. Therefore, press access to the proceedings was denied. In re K.P., 709 A.2d 315 (N.J. Super. 1998).

Access Granted: Transfer hearing will be open to the media, according to statutory law, since the juvenile failed to show by a preponderance of evidence a substantial likelihood that he would be specifically harmed by an open proceeding, and since no other extraordinary circumstances exist. In the Interest of P.P., 23 Media L. Rptr. 2178 (1995).

Proceeding Closed: The New Jersey Court of Appeals held that the interest of juvenile and his family to preserve confidentiality of intimate family details and psychological information outweighs the media’s interest in access and warrants closure of the proceeding. However, final disposition of case is to be released to the press. In re D.B., 439 A.2d 94 (N.J. Super. 1981).

Procedure for Confidentiality: Court’s decision to withhold information about juvenile for good cause and for the juvenile’s best interests required weighing the public’s right to know against the juvenile’s desire for rehabilitation and any special circumstances of the offender. In re B.C.L., 413 A.2d 335 (N.J. 1980).

Juvenile Name: The New Jersey Court of Appeals held that a trial judge erred in stopping the media from publishing identifying information about a juvenile charged with scalding her two-month-old nephew to death. Because the information was lawfully obtained, its publication was protected by free speech provisions of the U.S. and New Jersey constitutions. State ex rel. H.N., 632 A.2d 537 (N.J. Super. 1993).

Access Denied: Newspaper can be prohibited from attending court proceeding. State ex rel. B.J.W., 595 A.2d 1132 (N.J. Super. 1991).

For more confirmation, you should always contact a New Jersey Juvenile Lawyer or contact your local New Jersey Law Statutes or look for more information on the New Jersey Court System.