Plain Dealer Sues Juvenile Court

The Plain Dealer filed an action in mandamus and prohibition in the Ohio Supreme Court because it was denied access to certain Cuyahoga County juvenile delinquency proceedings.  Per RC 2151.35, "The court may exclude the general public from its hearings in a particular case if the court holds a separate hearing to determine whether that exclusion is appropriate".  Juv.R. 27(A)(1) states that the judge may exclude the general public but can not exclude persons with a direct interest in the case or "persons who demonstrate, at a hearing, a countervailing right to be present".  The Plain Dealer asserts that Judge Alison Floyd ordered certain hearings closed to the public without first having the required "closure hearing".  See State ex rel. The Plain Dealer Publishing Co. v. The Honorable Alison Floyd, Ohio Supreme Court Case No. 2006-0945.  The Plain Dealer seeks transcripts from the hearings it was barred from attending.  The PD also wants the court to provide public notice of closure hearings.  Cuyahoga County's juvenile court docket is currently concealed, although other counties make their juvenile court docket available.  See "Plain Dealer Seeks Access to Cuyahoga Juvenile Court" by Joe Guillen, The Plain Dealer, May 13, 2005.