Writ of Supervision (Crim.)
Forum Communications Co. v. Paulson
, 2008 ND 140,
The public and the media have a presumptive right of access to criminal trials, including preliminary jury questionnaires, that is not absolute and must be balanced against a defendant's right to a fair trial and jurors' privacy interests.
The presumption of criminal tiral openness can be overcome by any overriding interest and must be articulated with findings specific enough to permit effective review.
Any criminal trial closure must be narrowly tailored to serve the competing interests.
City of Fargo v. Dawson
,
466 N.W.2d 584 (N.D. 1991)
Houle v. North Dakota District Court
,
293 N.W.2d 872 (N.D. 1980)
State, ex rel. Jorgenson v. District Court of Walsh County
,
289 N.W.2d 211 (N.D. 1980)
Olson v. North Dakota District Court Richland County
,
271 N.W.2d 574 (N.D. 1978)
State ex rel. Olson v. Maxwell
,
259 N.W.2d 621 (N.D. 1977)
State v. Cook
,
209 N.W.2d 888 (N.D. 1973)
Generated from Supreme Court Docket on 07/23/2008