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Sunshine Pamphlet continued
OFFICIAL ACTIONS INCLUDE: Arrest,
indictment, or other formal filing of charges; agency taking
action; date and place action taken; name, birth date,
last-known address, physical description, sex of accused;
charges brought or offenses alleged; disposition, including
decision not to file criminal
charges after arrest, conviction,
acquittal, acquittal by reason of insanity; dismissal,
abandonment, or indefinite postponement; formal diversion from
prosecution; sentencing; correctional
supervision; release from supervision with terms and
conditions.
Other Criminal Justice records may be open
unless:
1. Inspection prohibited by state statute.
2. Inspection prohibited by Supreme Court
or other court order.
3. Custodian believes disclosure would be
"contrary to public interest" because an
investigation is still in progress by law enforcement
personnel, sheriff, district attorney; intelligence
information, security procedures and investigatory files
compiled for any other law enforcement purpose.
4. Sexual assault cases are to be stamped
"Sexual Assault" and the name of the victim is to be
deleted from the files before their release. Name of accused
is public record.
INFORMATION NOT FOR PROFIT: Custodian must
deny access to records to anyone who wishes to use them in a
business venture. A signed statement may be necessary.
SEALING OF RECORDS: Records of persons who
were not officially charged, had charges dismissed, were
acquitted or arrest records of a person who pled to lesser
charge may be sealed by the court if the person
involved requests it. This does not
include traffic offenses or sexual assault cases where the
defendant is convicted, pleads guilty or nolo contendere.
IF ACCESS IS DENIED: An individual may
request a written statement of the grounds for denial of access
and an answer must be produced within three working days citing
the law or regulation and the general nature of the public
interest which needs to be protected. An appeal may be made to
district court
with a hearing at "the earliest
practical time."
FEES FOR COPIES: Criminal justice agencies
may charge reasonable fees, not to exceed actual costs, or may
waive fees.
PENALTY: If a court finds the denial was
arbitrary or capricious, it may order the custodian to pay
court costs and attorney fees, and, in addition, can add a
penalty of up to $25 for each day access was improperly denied
to be paid to the applicant.
Violation is also punishable as a
misdemeanor.
The public can be excluded from juvenile
hearings if the court determines it is in the best interest of
the juvenile or the community to close them. Names of juveniles
in misdemeanor, custody, and abuse cases are not open to the
public.
ACCESS TO JUVENILE RECORDS: Arrest and
criminal records information of juveniles charged with a crime
that would be a felony if committed by an adult, involves a
weapon, or non-felony traffic citation or
who has been adjudicated a juvenile
delinquent or is subject to revocation of probation for
possession of a hand gun are public record. Other juvenile
cases are closed unless the case is transferred to district
court where the juvenile will be tried as an adult or the
juvenile is a runaway from a correctional
facility. {19-1-119(1)(b.5)}
CHILD ABUSE RECORDS are confidential
unless the child dies and a criminal charge is filed, and
family's name is available if arrested or formal
charges filed { 19-1-120(1)(b)}. Names of
adult perpetrators charged with a crime are NOT confidential.
CONSTITUTIONAL DECLARATION: Rights of
Accused. In all
criminal prosecutions the accused shall
enjoy the right to a speedy and public trial.
HOW TO PROTEST CLOSURE OF COURT HEARINGS
If a judge decides to close a courtroom
for proceedings usually held in open court, a reporter should
walk to the railing and say, "Your honor, I am
a reporter. May I be heard?" The
following statement should then be read:
"Your honor, I am_______, a reporter
for_______, and I'd like to object on behalf of myself, my
employer, and the public to the closing of this
hearing (or sealing of this court record).
The Colorado Supreme Court has said that all court proceedings
are presumptively open and may be closed only when strictly and
inescapably necessary. Our attorney is prepared to make a
number of arguments against closings such as this one, and we
respectfully
ask the court for a hearing on those
issues. I believe our attorney can be here relatively quickly
for the court's convenience, and he will be able to
demonstrate the closure of this case will
violate the First Amendment, and possibly state statutory and
constitutional provision as well. I cannot make the arguments
myself but our attorney can point out several issues for your
consideration. If it please the court, we request the
opportunity to be heard
through counsel."
A judge may authorize the use of cameras
and recording equipment in the courtroom for any session which
is open to the public (the only pre-trial proceedings
applicable are advisements and arraignments). Limitations
include no cameras during jury voir dire or "in
camera" hearings and no closeups of bench conferences,
communications between counsel and client or between
co-counsel, or members of the jury. A judge may restrict or
limit coverage as necessary. The Canon limits coverage to a
pool of one video camera and one
still camera at a time.
HOW TO REQUEST CAMERA ACCESS: A written
request must be submitted to the judge at least one day before
coverage is to begin with copies given to counsel for each
party involved. The request should include the name, case
number, date and time of proceeding, the type of coverage
requested, and a description of the pooling arrangements, if
necessary.
ARREST RECORDS: Each county jail must keep
a daily record of the commitments and discharges of all
persons. The record must include the name, offense, term of
sentence, fine, age, sex, citizenship, how and by whom
committed and when and by whom discharged. The record shall be
open to inspection by the public at all reasonable hours.
