THE SARASOTA HERALD-TRIBUNE, A DIVISION OF THE NEW YORK TIMES COMPANY, A NEW YORK CORPORATION, PETITIONER,
v.
J.T.J., A MINOR AND THE HONORABLE KIRBY SULLIVAN, RESPONDENTS
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The Sarasota Herald-Tribune challenged a trial court order prohibiting publication of the names of a minor victim and juvenile defendant in a homicide case. The appellate court quashed the order because the judge imposed it without notice to or a hearing with the news media, violating procedural due process requirements.
A trial court cannot issue a closure or publication restriction order without proper notice to at least one representative of the local news media and an opportunity for the press to be heard on the question.
[1] A court order prohibiting the press from publishing the names of a minor victim and a juvenile defendant, issued sua sponte without notice to the news media, violates pro…
[2] The news media has a right to be heard on the issue of courtroom closure prior to a court's decision.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The news media has been the public surrogate in the issue of courtroom closure. Therefore, the news media must be given an opportunity to be heard on the question of closure prior to the court's decision. Implicit in the right of the members of the news media to be present and to be heard is the right to be notified that a motion for closure is under consideration.”
Establishes the fundamental procedural requirement that news media must receive notice and be heard before closure or publication restriction orders are issued
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Join FLexlaw to unlock all legal intelligenceOn June 17, 1986, J.T.J. shot and killed his minor brother. The sheriff's department issued a press release identifying both minors by name, and at le…
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SANDERLIN, Judge.
The Sarasota Herald-Tribune petitions this court for emergency review of an order entered by the respondent judge forbidding the press from publishing the names of a minor victim and a juvenile defendant. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.100(d).
On June 17, 1986, J.T.J. shot and killed his minor brother. Following the incident, the sheriff’s department issued a press release identifying the minors by name. The case has received considerable local publicity. In accounts of the incident, at least five different newspaper articles have published both the minors’ names.
On October 30, 1986, immediately prior to J.TJ.’s adjudicatory hearing, Judge Kir by Sullivan made the following announcement:
We did discuss briefly a few matters involving the press, which includes television. And that there are to be no picture taking in the courtroom, no photos, and also the various names of the persons involved, are not to be discussed. Anybody have any questions about the specific aspects, if you would please let us know, I will take it up with the attorneys. No photographs and no names. This would be under penalty of contempt.
The order was not reduced to writing. The sua sponte order was made following a hearing held by the court with counsel for the state and defense. While the hearing apparently dealt with matters involving the press and publicity, there was no representative of the news media present at the meeting. In fact, no notice of the meeting was given to any member of the news media. Notice must be given to at least one representative of the local news media when a motion for closure is filed and when it is heard by the court. Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1, 8 (Fla.1982).
We have concluded that procedural due process was lacking. The right of the press to be heard at a closure hearing is an established fact. As stated in Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1 (Fla.1982):
The news media has been the public surrogate in the issue of courtroom closure. Therefore, the news media must be given an opportunity to be heard on the question of closure prior to the court’s decision. Implicit in the right of the members of the news media to be present and to be heard is the right to be notified that a motion for closure is under consideration.
Id. at 7.
We grant the petition and quash the order which was entered without proper notice and hearing. See Times Publishing Co. v. Penick, 433 So. 2d 1281, 1285 (Fla. 2d DCA 1983).
DAÑAHY, C.J., and RYDER, J., concur.
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Fla. Publ'g Co. v. The Honorable Alban E. Brooke, 576 So. 2d 842 (Fla. 1st DCA 1991)…y for a writ of certiorari. We acknowledge that there is authority for us to take jurisdiction of this cause as a petition to review an order excluding the press or public from a proceeding or judicial records. See Sarasota-Herald Tribune v. J.T.J., 502 So. 2d 930 (Fla. 2d DCA 1987); Florida Freedom Newspapers, Inc. v. McCrary, 497 So. 2d 652 (Fla.1st DCA 1986), approved, 520 So. 2d 32 (Fla.1988); Miami Herald Pub [*845] lishing Co. v. Morphonios, 467 So. 2d 1026 (Fla. 3d DCA 1985). We prefer to read the rule…
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Carnegie v. Tedder, 698 So. 2d 1310 (Fla. 2d DCA 1997)…ly improper because Tedder failed to give a copy of the notice of hearing to a representative of the press. Carnegie cites Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1 (Fla.1982), and this court’s decision in Sarasota Herald-Tribune v. J.T.J., 502 So. 2d 930 (Fla. 2d DCA 1987). Tedder responds that both Lewis and Sarasota Herald-Tribune were criminal cases, and that Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla.1988), established the test for determining the propriety of closure in civ…
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THE News-Journal Corp. v. Honorable S. James Foxman, 939 F.2d 1499 (11th Cir. 1991)…n sought certiorari review: We acknowledge that there is authority for us to take jurisdiction of this cause as a petition to review an order excluding the press or public from a proceeding or judicial records. See Sarasota-Herald Tribune v. J.T.J., 502 So. 2d 930 (Fla. 2d DCA 1987); Florida Freedom Newspapers, Inc. v. McCrary, 497 So. 2d 652 (Fla. 1st DCA 1986), approved, 520 So. 2d 32 (Fla.1988); Miami Herald Publishing Co. v. Morphonios, 467 So. 2d 1026 (Fla. 3d DCA 1985). We prefer to read the rule litera…
Authorities Cited
- The Miami Herald Publ'g Co. v. Royce R. Lewis, 426 So. 2d 1 (Fla. 1982)
- Times Publ'g Co. v. Penick, 433 So. 2d 1281 (Fla. 2d DCA 1983)