O'Leary, held that “embers of the media and public may. The Oregon Supreme Court, in Oregonian Publishing Co. 297, 301-02, 736 P.2d 173, 175-76 (1987) (“Members of the media and public may benefit from, and assert in court in their own behalf, the prohibition on secret courts. The media have standing to challenge closure. UTCR 3.180(4).īecause of the robust protections provided by the Oregon Constitution for public access to courts, there is no established procedure for other types of closure. In Oregon, UTCR 3.180 provides specific procedures for closure of courts to cameras and video equipment, including that the court make findings of facts on the record establishing the need for closure. In Oregon, a proceeding may be closed where the proceeding is not an adjudication, or where the proceeding was traditionally closed prior to the adoption of the Oregon Constitution. Other portions of the rule allow the court to limit placement and function of cameras and to limit the equipment to pool cameras. A judge may limit this access only after making findings of fact on the record and determining that the presence of equipment would interfere with the parties’ rights to a fair trial, or that the cost or increased burden would interfere with the aims of justice. The rule provides a presumption of access: “Upon request or on the court’s own motion, after notice to all parties, public access coverage shall be allowed in any courtroom, except as provided under this rule.” UTCR. UTCR 3.180 expressly provides for camera access to courtrooms, with various exceptions.
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In addition, Oregon courts have adopted the Uniform Trial Court Rules (UTCR) that apply to all Oregon trial courts. “In order to be constitutional, a proceeding must either not be secret or not ‘administer justice’ within the meaning of section 10.” O’Leary, 303 Or. Article I, section 10 “does not recognize distinctions between various kinds of judicial proceedings it applies to all.” Deiz, 289 Or. The protection is not the same as that provided by the Sixth Amendment of the U.S. ” This provision has been interpreted not to provide an individual, waivable right, but instead to prescribe the functions of government. In Oregon, First Amendment access rights are buttressed by article I, section 10 of the Oregon Constitution, which provides, “No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay. Tips for covering courts in the jurisdiction Cameras and other technology in the courtroomĬ. Interests often cited in opposing a presumption of accessī. Media standing to challenge third-party gag ordersĪ. Restrictions on participants in litigationĪ. Prohibitions on photographing or identifying juvenilesĮ. Juror identities, questionnaires and other recordsĭ. Warrants, wiretaps and related materialsī. Obtaining review of initial court decisionsĭ. Procedure for requesting access in civil mattersĭ. Procedure for requesting access in criminal casesĬ. Procedure for asserting right of access to proceedings and recordsī. Introduction: Access rights in the jurisdiction Skip over table of contents to continue reading article Table of contents for Oregon
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