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A district court should not automatically approve public trial waivers without considering the broader interests in open courts and public trials by conducting pre-closure Waller analysis. A defendant’s Sixth Amendment right to a public trial may be waived if the record reflects a knowing, intelligent, and voluntary waiver. A defendant’s failure to object or acquiescence to a trial closure without a knowing, intelligent, voluntary waiver will be reviewed on appeal as a forfeited error subject only to obvious error review.

A district court may conduct proceedings in chambers in some circumstances, including temporary use of a courtroom as if in chambers. But it is the type of proceeding and not the location of the proceeding that determines the need for the Waller analysis. Jury selection, including proceedings relating to juror questionnaires and challenges for cause, are part of the criminal trial and generally must be held in open court consistent with the Sixth Amendment right to a public trial.

A court’s closure of trial proceedings without having obtained a knowing, intelligent, voluntary waiver and without having considered the Waller factors is obvious error.

A speculative risk to a witness’s counseling relationship with the victim is insufficient standing alone to satisfy the Waller requirement for an overriding interest.

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