Historically, state laws have protected the privacy of children and youth involved in the juvenile justice system. This protection was rooted in the belief that not publicly exposing the youth was a critical factor in the youth’s rehabilitation and distinguished the juvenile court from the harsh and punitive nature of proceedings in adult court. Things have changed. This month, the National Center for Juvenile Justice (NCJJ) released a publication on the movement of many jurisdictions toward opening juvenile delinquency proceedings to the general public, including the news media. Fifteen (15) jurisdictions permit or require juvenile proceedings to be open to the general public, but, for good cause, judges have the discretion to close the hearings. In three (3) jurisdictions, namely Oregon, Nebraska, and Arkansas, juvenile delinquency proceedings are open to the general public without any restriction. In twenty (20) jurisdictions, including Wisconsin, proceedings are open to the general public, but with certain statutory restrictions. In thirteen (13) jurisdictions, juvenile delinquency proceedings are generally closed, but judges have the discretion to open such hearings.
In Wisconsin, there are some situations in which juvenile proceedings may be open to the general public, including the news media. In any case in which a child under 17 is charged as an adult (including having been waived from juvenile court), those adult proceedings are public. There may be other circumstances in which this exposure and public identification is permissible, but fortunately these cases draw little interest from the general public/media. While it can be valuable for the public to understand how the juvenile system works, that public interest can often be well-served without public disclosure of specific offender information.
