8.13 Right to Public Trial and Presence of Child

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

8.13 RIGHT TO PUBLIC TRIAL AND PRESENCE OF CHILD

8.1301 Right to a Public Trial in Delinquency Proceedings. A juvenile charged with delinquency or a traffic infraction has a right to a public trial unless the right is expressly waived. ⁷¹ An express waiver may be oral and need not be in writing. ⁷² The court must specifically advise the juvenile of this right and make a thorough inquiry into any waiver pursuant to Rule 8:17. Proceedings involving juveniles 14 years of age or older being tried for felonies are presumptively open, although the judge may, sua sponte or on motion of the accused or the Commonwealth, close proceedings for good cause shown. If the proceedings are closed, the court must state in writing its reasons, and the statement must be made a part of the public record. ⁷³

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8.1302 Right to Public Trial in Criminal Proceedings. An adult charged with a crime in the juvenile court has a right to a public trial unless the right is expressly waived.

8.1303 Right to Be Present. Pursuant to section 16.1-302 of the Virginia Code, a juvenile charged with delinquency or a traffic infraction and an adult charged with a crime have a right to be present at trial, although that right may be waived in connection with a traffic infraction.

8.1304 Protecting Confidentiality of...