Hall County Juvenile Court Judge Mary Carden issued the order early Tuesday morning. In it, she says even though the interest in the case has nothing to do with the charges facing him, but is centered on the controversy involving the molestation charges, the hearing will be open because of his prior record.
However, Judge Carden said no cameras of any kind will be permitted in the courtroom, although audio recordings of the proceedings will be allowed.
HERE IS THE FULL TEXT OF JUDGE CARDEN'S ORDER AS PROVIDED TO THE MEDIA TUESDAY MORNING:
IN THE JUVENILE COURT OF HALL COUNTY
STATE OF GEORGIA
In the interest of: X
A.G. X File # 10788
child Under 17 Yrs. of Age X DOB: 8/26/90
ORDER PEMITTING MEDIA ACCESS
WITH CONDITIONS
The Court received six (6) written motions for access to Court proceedings and for permission to use photographic or audio recording equipment in a pending delinquency proceeding involving the child A.G. A hearing to receive argument from the media, the District Attorney's Office and the youth's attorney, as to the issues raised in these motions, was scheduled for Friday, November 18, 2005 at 11:00 a.m.
Attending the hearing were Tony McNeary and Joe Holland of WGCL, Lesli Green, Attorney for WSB and the Atlanta Journal Constitution, Lindsey Helton of WDUN, Valerie Hall of WXIA, Harris Blackwood of the (Gainesville) Times, Mark Davis and Vino Wong, Atlanta Journal and Constitution, Mark Winnie of ABC, Lee Darragh, District Attorney, David West, Assistant District Attorney, Teresa Lazard, Assistant District Attorney, and Nicki Vaughan, Attorney for the child A.G.
The child A.G. is charged with a "garden variety" violation of delinquent probation for "skipping school" and "leaving home without permission". The media's primary interest in the youth A.G. does not relate to the charges in this case so much as the youth's status as an alleged victim in a pending child molestation case against his 37 year old wife.
Nevertheless, because the youth has a previous delinquent adjudication, the general public, including media, have the right to be admitted to all adjudicatory hearings in this case. O.G.C.A. §15-11-78(b)(2)
In the event of an adjudication of delinquency in this case, the general public, including the media, will be permitted to attend the Disposition Hearing unless the Court determines that there is substantial evidence related to matters of deprivation, which will be presented. The Court may also restrict media access at disposition if there is testimony of a particularly sensitive nature, such as testimony as to psychiatric, psychological or medical conditions.
Media participation, as well as that of the general public, may be limited by seating availability. There is seating for approximately 50 persons in the current courtroom excluding counsel tables. Family, appropriate agency representatives and media will be given first consideration for seating. In the event of an overflow crowd, the number of representatives from any one media source may be limited to better accommodate all family members, agency representatives and media personnel. Courtroom personnel and especially courtroom deputies are given authority to determine the number of persons admitted to the courtroom and the seating location for each member of the media, family and agency representative.
This Court has carefully considered the request of the various television, radio and print media for use of electronic and photographic equipment. The only compelling argument presented by the media for use of electronic and photographic recording equipment was that such equipment would assist in providing more accurate media reporting.
This Court has weighed the compelling concerns of the news media for access and accuracy and of the Court for the maintenance of decorum and avoidance of delays in other scheduled Court proceedings during the same day, which may be occasioned by installation of aural recording and photographic recording systems in the courtroom.
To accommodate all these interests the following guidelines for media access are set forth:
Electronic Media Coverage
Courtroom proceedings in this case may be recorded for aural broadcast. There shall be no cameras, video equipment or other photographic equipment permitted in the courtroom or on the 3rd floor of the courthouse where proceedings will be conducted. There shall be one (1) audio system for aural broadcast permitted in the courtroom during court proceedings. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the courtroom. Adjustment of the control audio system shall be made only by court personnel. Media who wish to avail themselves of the audio pickup should be in the courtroom by 2:30 p.m. prior to the 3:00 p.m. hearing.
Media representatives shall not move about the courtroom during the proceedings nor shall court proceedings be interrupted by noise from recording equipment or technical problems with such equipment.
There shall be no attempt to obtain an audio pickup or aural recording of any confidential communication between the Judge and any party, between defense counsel and the child, or between the counsel and support personnel. There shall be no broadcasting of such confidential communication.
The Court shall retain the exclusive authority to limit, restrict, prohibit and terminate the recording and broadcasting of any and all courtroom proceedings. Such action may be taken by the Court at any time the Court determines:
(1) That the provisions of this Order have been or are violated or circumvented; or
(2) That the activities of the news media are detracting from the dignity of the Court proceeding; or
(3) That the ends of justice are not being served or the rights of the Defendants are being abridged.
Miscellaneous Rules
a. Neither the Judge nor any Court personnel will be available for interviews during the proceedings.
b. The Court personnel will not be available to read or type any portion of the record for use by the media.
c. Notwithstanding the foregoing, it is and will remain the sole responsibility of this Court to insure that hearings are conducted with the due dignity and decorum required of all judicial proceedings. If at any time any activity or conduct occurs which adversely affects the administration of justice, the dignity due the proceedings, or the rights of any person, the Court may restrict media coverage of such proceedings in any way necessary to preserve.
So ordered, this day of November, 2005.
MARY R. CARDEN, JUDGE
HALL COUNTY JUVENILE COURT
http://accesswdun.com/article/2005/11/121158