Accessing the courtroom

Q:  This newspaper has been trying to cover a murder retrial, but each time we go to the courtroom we find the doors locked and no explanation provided as to why proceedings are being conducted out of public view. Our attempts to contact court officers have not succeeded, but we would like to observe these proceedings.

A:  Under the First Amendment and California Rules of Court, the hearings cannot be closed unless the defendant or prosecution provide public notice of an intent to close the hearings and the court, after a public hearing in which the media can appear and oppose closure, makes the findings necessary to show that the party seeking closure has overcome the First Amendment and state law presumption that the hearings should be open.

You should check the court files to see if a motion to close the hearings in the case was filed, and, if so, if an order granting the motion is in the file.  If so, your attorney should file an appropriate motion, or at least a letter, seeking to have that order rescinded or vacated.  If that doesn't work, the newspaper could file an appeal.