§ 16.1-302. Dockets, indices and order books; when hearings and recordsprivate; right to public hearing; presence of juvenile in court.
A. Every juvenile court shall keep a separate docket of cases arising underthis law.
B. Every circuit court shall keep a separate docket, index, and, for entry ofits orders, a separate order book or file for cases on appeal from thejuvenile court except: (i) cases involving support pursuant to § 20-61 orsubdivisions A 3, F or L of § 16.1-241; (ii) cases involving criminaloffenses committed by adults which are commenced on a warrant or a summons asdescribed in Title 19.2; and (iii) cases involving civil commitments ofadults pursuant to Title 37.2. Such cases shall be docketed on theappropriate docket and the orders in such cases shall be entered in theappropriate order book as used with similar cases commenced in circuit court.
C. The general public shall be excluded from all juvenile court hearings andonly such persons admitted as the judge shall deem proper. However,proceedings in cases involving an adult charged with a crime and hearingsheld on a petition or warrant alleging that a juvenile fourteen years of ageor older committed an offense which would be a felony if committed by anadult shall be open. Subject to the provisions of subsection D for good causeshown, the court may, sua sponte or on motion of the accused or the attorneyfor the Commonwealth close the proceedings. If the proceedings are closed,the court shall state in writing its reasons and the statement shall be madea part of the public record.
D. In any hearing held for the purpose of adjudicating an alleged violationof any criminal law, or law defining a traffic infraction, the juvenile oradult so charged shall have a right to be present and shall have the right toa public hearing unless expressly waived by such person. The chief judge mayprovide by rule that any juvenile licensed to operate a motor vehicle who hasbeen charged with a traffic infraction may waive court appearance and admitto the infraction or infractions charged if he or she and a parent, legalguardian, or person standing in loco parentis to the juvenile appear inperson at the court or before a magistrate or sign and either mail or deliverto the court or magistrate a written form of appearance, plea and waiver,provided that the written form contains the notarized signature of theparent, legal guardian, or person standing in loco parentis to the juvenile.An emancipated juvenile charged with a traffic infraction shall have theopportunity to waive court appearance and admit to the infraction orinfractions if he or she appears in person at the court or before amagistrate or signs and either mails or delivers to the court or magistrate awritten form of appearance, plea, and waiver, provided that the written pleaform containing the signature of the emancipated juvenile is accompanied by anotarized sworn statement which details the facts supporting the claim ofemancipated status. Whenever the sole purpose of a proceeding is to determinethe custody of a child of tender years, the presence of such juvenile incourt may be waived by the judge at any stage thereof.
(Code 1950, § 16.1-162; 1956, c. 555; 1958, c. 353; 1971, Ex. Sess., c. 228;1975, c. 334; 1977, cc. 559, 585; 1978, c. 605; 1979, c. 393; 1983, c. 293;1996, cc. 755, 914.)
§ 16.1-302. Dockets, indices and order books; when hearings and recordsprivate; right to public hearing; presence of juvenile in court.
A. Every juvenile court shall keep a separate docket of cases arising underthis law.
B. Every circuit court shall keep a separate docket, index, and, for entry ofits orders, a separate order book or file for cases on appeal from thejuvenile court except: (i) cases involving support pursuant to § 20-61 orsubdivisions A 3, F or L of § 16.1-241; (ii) cases involving criminaloffenses committed by adults which are commenced on a warrant or a summons asdescribed in Title 19.2; and (iii) cases involving civil commitments ofadults pursuant to Title 37.2. Such cases shall be docketed on theappropriate docket and the orders in such cases shall be entered in theappropriate order book as used with similar cases commenced in circuit court.
C. The general public shall be excluded from all juvenile court hearings andonly such persons admitted as the judge shall deem proper. However,proceedings in cases involving an adult charged with a crime and hearingsheld on a petition or warrant alleging that a juvenile fourteen years of ageor older committed an offense which would be a felony if committed by anadult shall be open. Subject to the provisions of subsection D for good causeshown, the court may, sua sponte or on motion of the accused or the attorneyfor the Commonwealth close the proceedings. If the proceedings are closed,the court shall state in writing its reasons and the statement shall be madea part of the public record.
D. In any hearing held for the purpose of adjudicating an alleged violationof any criminal law, or law defining a traffic infraction, the juvenile oradult so charged shall have a right to be present and shall have the right toa public hearing unless expressly waived by such person. The chief judge mayprovide by rule that any juvenile licensed to operate a motor vehicle who hasbeen charged with a traffic infraction may waive court appearance and admitto the infraction or infractions charged if he or she and a parent, legalguardian, or person standing in loco parentis to the juvenile appear inperson at the court or before a magistrate or sign and either mail or deliverto the court or magistrate a written form of appearance, plea and waiver,provided that the written form contains the notarized signature of theparent, legal guardian, or person standing in loco parentis to the juvenile.An emancipated juvenile charged with a traffic infraction shall have theopportunity to waive court appearance and admit to the infraction orinfractions if he or she appears in person at the court or before amagistrate or signs and either mails or delivers to the court or magistrate awritten form of appearance, plea, and waiver, provided that the written pleaform containing the signature of the emancipated juvenile is accompanied by anotarized sworn statement which details the facts supporting the claim ofemancipated status. Whenever the sole purpose of a proceeding is to determinethe custody of a child of tender years, the presence of such juvenile incourt may be waived by the judge at any stage thereof.
(Code 1950, § 16.1-162; 1956, c. 555; 1958, c. 353; 1971, Ex. Sess., c. 228;1975, c. 334; 1977, cc. 559, 585; 1978, c. 605; 1979, c. 393; 1983, c. 293;1996, cc. 755, 914.)
§ 16.1-302. Dockets, indices and order books; when hearings and recordsprivate; right to public hearing; presence of juvenile in court.
A. Every juvenile court shall keep a separate docket of cases arising underthis law.
B. Every circuit court shall keep a separate docket, index, and, for entry ofits orders, a separate order book or file for cases on appeal from thejuvenile court except: (i) cases involving support pursuant to § 20-61 orsubdivisions A 3, F or L of § 16.1-241; (ii) cases involving criminaloffenses committed by adults which are commenced on a warrant or a summons asdescribed in Title 19.2; and (iii) cases involving civil commitments ofadults pursuant to Title 37.2. Such cases shall be docketed on theappropriate docket and the orders in such cases shall be entered in theappropriate order book as used with similar cases commenced in circuit court.
C. The general public shall be excluded from all juvenile court hearings andonly such persons admitted as the judge shall deem proper. However,proceedings in cases involving an adult charged with a crime and hearingsheld on a petition or warrant alleging that a juvenile fourteen years of ageor older committed an offense which would be a felony if committed by anadult shall be open. Subject to the provisions of subsection D for good causeshown, the court may, sua sponte or on motion of the accused or the attorneyfor the Commonwealth close the proceedings. If the proceedings are closed,the court shall state in writing its reasons and the statement shall be madea part of the public record.
D. In any hearing held for the purpose of adjudicating an alleged violationof any criminal law, or law defining a traffic infraction, the juvenile oradult so charged shall have a right to be present and shall have the right toa public hearing unless expressly waived by such person. The chief judge mayprovide by rule that any juvenile licensed to operate a motor vehicle who hasbeen charged with a traffic infraction may waive court appearance and admitto the infraction or infractions charged if he or she and a parent, legalguardian, or person standing in loco parentis to the juvenile appear inperson at the court or before a magistrate or sign and either mail or deliverto the court or magistrate a written form of appearance, plea and waiver,provided that the written form contains the notarized signature of theparent, legal guardian, or person standing in loco parentis to the juvenile.An emancipated juvenile charged with a traffic infraction shall have theopportunity to waive court appearance and admit to the infraction orinfractions if he or she appears in person at the court or before amagistrate or signs and either mails or delivers to the court or magistrate awritten form of appearance, plea, and waiver, provided that the written pleaform containing the signature of the emancipated juvenile is accompanied by anotarized sworn statement which details the facts supporting the claim ofemancipated status. Whenever the sole purpose of a proceeding is to determinethe custody of a child of tender years, the presence of such juvenile incourt may be waived by the judge at any stage thereof.
(Code 1950, § 16.1-162; 1956, c. 555; 1958, c. 353; 1971, Ex. Sess., c. 228;1975, c. 334; 1977, cc. 559, 585; 1978, c. 605; 1979, c. 393; 1983, c. 293;1996, cc. 755, 914.)
