CHAPTER 2. PUBLIC ACCESS TO CRIMINAL PROCEEDINGS

IC 5-14-2
    Chapter 2. Public Access to Criminal Proceedings

IC 5-14-2-1
Definitions
    Sec. 1. As used in this chapter:
    "Criminal action" means a prosecution initiated in the name of thestate of Indiana against an accused alleging the commission of afelony or misdemeanor.
    "Criminal proceedings" means court proceedings in a criminalaction after the arrest of an accused and before any appeal isinstituted; it does not include:
        (1) the deliberations of juries;
        (2) omnibus hearings except for those portions at whichwitnesses are sworn and testimony taken; or
        (3) any proceeding in which rights of attendance by the generalpublic are otherwise specifically governed by statute or rules ofprocedure.
    "General public" means any individual, or group of individuals,but does not include the parties to the criminal action.
    "Open to attendance" means that individuals have the right freelyto attend and observe criminal proceedings.
    "Rules of procedure" means rules adopted by the supreme courtof Indiana.
As added by Acts 1982, P.L.40, SEC.1.

IC 5-14-2-2
Open attendance
    Sec. 2. Criminal proceedings are presumptively open toattendance by the general public.
As added by Acts 1982, P.L.40, SEC.1.

IC 5-14-2-3
Exclusion of general public; opportunity to be heard
    Sec. 3. No court may order the exclusion of the general publicfrom any criminal proceeding, or part of a criminal proceeding,unless it first affords the parties and the general public a meaningfulopportunity to be heard on the issue of any proposed exclusion.
As added by Acts 1982, P.L.40, SEC.1.

IC 5-14-2-4
Hearing on exclusion motion or order
    Sec. 4. Whenever any motion to exclude the general public froma criminal proceeding is filed with a court, or if a court proposes toissue such an exclusion order on its own, the court must set a hearingdate on the motion or proposed order. The hearing date shall be setsufficiently in advance so that the parties and members of the generalpublic can prepare their pleadings and evidence and file briefs on themotion or proposed order. The time for the hearing date shall not beextended, however, so that it imposes an unreasonable delay under

the circumstances of the case.
As added by Acts 1982, P.L.40, SEC.1.

IC 5-14-2-5
Notice of hearing
    Sec. 5. The court shall notify the parties of the hearing date andshall notify the general public by posting a copy of the hearing noticeat a place within the confines of the court accessible to the generalpublic.
As added by Acts 1982, P.L.40, SEC.1.

IC 5-14-2-6
Hearing procedures
    Sec. 6. (a) At the hearing, any party or member of the generalpublic may object to any proposed exclusion. Any member of thegeneral public has the right to be represented by counsel.
    (b) If no objection is presented to the court, the court may ruleupon the motion to exclude or issue its proposed exclusion order,without further proceedings.
    (c) If an objection is presented to the court, then the party whofiled the motion to exclude, or the court, if it proposed to issue anexclusion order on its own, has the burden of proving by clear andconvincing evidence that:
        (1) dissemination of information about the content of thecriminal proceeding and about its record would create a seriousand imminent danger to the defendant's rights;
        (2) any prejudicial effect created by any such disseminationcannot be avoided by any reasonable alternative means; and
        (3) there is a substantial probability that the exclusion will beeffective in protecting against the perceived harm.
    (d) If the court finds the burden of proof has not been met, it shalldeny the motion to exclude or withdraw any proposed exclusionorder.
    (e) If the court finds the burden of proof has been met, it maygrant the motion or issue the proposed order, but:
        (1) any exclusion must extend no further than the circumstancesreasonably require; and
        (2) the exclusion must be temporary.
A complete record shall be kept and made available to the generalpublic for public inspection at the earliest time consistent with trialfairness.
    (f) All proceedings on a motion or a proposed court order toexclude the public must be recorded for subsequent review.
    (g) The court must make, on the record, specific findings of factand conclusions of law to support its ruling on any such motion orproposed order.
As added by Acts 1982, P.L.40, SEC.1.

IC 5-14-2-7
Inherent power of court    Sec. 7. This chapter does not affect the inherent power of a courtto make limited exclusions of witnesses, to relieve overcrowding, toprotect the order and decorum of the courtroom, or to exclude thoseindividuals whose presence constitutes a direct threat to the safety ofthe spectators, parties, or witnesses.
As added by Acts 1982, P.L.40, SEC.1.

IC 5-14-2-8
Original action to contest exclusion ruling of trial court
    Sec. 8. (a) Any party or member of the general public aggrievedby the ruling of the court on the issue of exclusion of the generalpublic from a criminal proceeding has the right to bring an originalaction before the supreme court of Indiana under the Rules ofProcedure for Original Actions Including Writs of Mandate andProhibition contesting the ruling.
    (b) The general public has standing to bring an original action.
    (c) Either the filing of a motion or a proposed court order toexclude the general public, or the presenting to the court of anobjection to a motion to exclude, constitutes a showing that the dutyto act has been presented or brought to the attention of the trial court.
    (d) A trial court is without authority to act upon any exclusionmotion or issue an exclusion order on its own unless:
        (1) it complies with sections 3, 4, and 5 of this chapter; and
        (2) its findings of fact and conclusions of law are supported bythe record of the proceedings.
As added by Acts 1982, P.L.40, SEC.1.