Also known as: open courts · open-court · public hearing · public trial
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding conducted in a public forum where the public may attend and observe. The proceeding occurs with a judge presiding and formal entries made on the record rather than in chambers or in camera.
Omar Olson faced criminal zoning charges for operating his food truck in a restricted area. His friends and neighbors arrived at city hall to watch the bench trial but were turned away from the small conference room. The judge proceeded without them and convicted Olson. On appeal the court vacated the conviction because the exclusion violated the requirement of a public proceeding.
Owen Ortega stood trial on federal charges. After deliberations the jury sent a note that it had reached a verdict. The judge received the verdict slip in chambers rather than recalling the parties to the courtroom. Defense counsel objected that the procedure failed to satisfy the open-court requirement for returning the verdict.
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Opal Okoro sought modification of a child-support order in a state where none of the parties resided. At a hearing the parties stated on the record in open court that they consented to the tribunal continuing to exercise jurisdiction. The court accepted the consent and retained authority to modify the order.
Odessa Okada sued in federal court after a contract dispute. Her key witness had relocated abroad and could not travel. The court found good cause and compelling circumstances and permitted the witness to testify by contemporaneous video transmission while the jury and parties remained in the courtroom. The procedure preserved the open-court character of the testimony.
Oscar Ortiz was prosecuted for a federal offense. The government called its primary witness to testify from the witness stand in the presence of the jury and the public. Defense counsel cross-examined the witness live. The court rejected a request to substitute a deposition transcript because the rules require live testimony in open court.
Ophelia O'Brien sought production of an investigator's notes summarizing testimony given at a public hearing. The opposing party claimed work-product protection. The court ordered production because notes of evidence given publicly in open court fall outside the protection for materials prepared in anticipation of litigation.
The Sixth Amendment public-trial guarantee applies to criminal prosecutions. Separate rules such as Federal Rule of Civil Procedure 43(a) independently require that witness testimony be taken in open court in civil cases unless an exception applies.
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Closure requires an overriding interest likely to be prejudiced by openness, that the closure is no broader than necessary, that reasonable alternatives have been considered, and that adequate findings supporting closure are made on the record.
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The Sixth Amendment right to a public trial extends to voir dire of prospective jurors. Trial courts must make every reasonable effort to accommodate public attendance and may not exclude the public without satisfying the applicable closure criteria.
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…to be recipients of development rights afforded the Terminal by virtue of landmark designation. On August 2, 1967, following a public hearing, the Commission designated the Terminal a “landmark” and designated the “city tax block” it occupies a “landmark site.”[^maj-16] The Board of Estimate confirmed this action on September 21,…