A three-judge panel held that defendants have to make a written request to close a courtroom.
Dec. 19, 2007 · The public has a presumptive right of access to criminal courtrooms, and defendants requesting closure of a hearing must make a written motion first, according to a decision by a three-judge panel of the U.S. Court of Appeals in San Francisco (9th Cir.).
While past U.S. Supreme Court and California court precedent require notice before a hearing is closed, it has apparently become common practice for a judge to grant oral requests on the spot.
In this particular case, a San Francisco district court judge denied a defense attorney’s oral request to clear the court. The Ninth Circuit panel upheld the lower court’s ruling.
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