A MANUAL OF JURY TRIAL PROCEDURES - 2004
Go to Federal Manuals Table of Contents - Go to Procedures Table of Contents

Chapter Two: Jury Selection

2.3     Closed Voir Dire

Generally, a court may not close criminal voir dire to the public. Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) ("Press-Enterprise I"). Courts may consider the right of the defendant to a fair trial and the right to privacy of prospective jurors in determining whether or not to close voir dire proceedings. In order to close the proceedings, a court must make specific findings that an open proceeding would threaten those interests and less restrictive alternatives to closure are inadequate. Id. at 510-11 (stating that the "presumption of openness may be overcome only by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest."). Where there are legitimate privacy concerns judges should generally inform the potential jurors of the general nature of sensitive questions to be asked and allow individual jurors to make affirmative requests to proceed at sidebar or in chambers. Id. at 512. As to criminal cases, see also 1.6.C. Before a closure order is entered, members of the press and the public must be afforded notice and an opportunity to object to the closure. Unabom Trial Media Coalition v. United States Dist. Court, 183 F.3d 949, 951 (9th Cir. 1999); United States v. Brooklier, 685 F.2d 1162, 1167-68 (9th Cir. 1982).