Indiana § 5-14-2-6 - Hearing procedures

§ 5-14-2-6. Hearing procedures

Sec. 6. (a) At the hearing, any party or member of the general public may object to any proposed exclusion. Any member of the general public has the right to be represented by counsel.

(b) If no objection is presented to the court, the court may rule upon the motion to exclude or issue its proposed exclusion order, without further proceedings.

(c) If an objection is presented to the court, then the party who filed the motion to exclude, or the court, if it proposed to issue an exclusion order on its own, has the burden of proving by clear and convincing evidence that:

(1) dissemination of information about the content of the criminal proceeding and about its record would create a serious and imminent danger to the defendant's rights;

(2) any prejudicial effect created by any such dissemination cannot be avoided by any reasonable alternative means; and

(3) there is a substantial probability that the exclusion will be effective in protecting against the perceived harm.

(d) If the court finds the burden of proof has not been met, it shall deny the motion to exclude or withdraw any proposed exclusion order.

(e) If the court finds the burden of proof has been met, it may grant the motion or issue the proposed order, but:

(1) any exclusion must extend no further than the circumstances reasonably require; and

(2) the exclusion must be temporary.

A complete record shall be kept and made available to the general public for public inspection at the earliest time consistent with trial fairness.

(f) All proceedings on a motion or a proposed court order to exclude the public must be recorded for subsequent review.

(g) The court must make, on the record, specific findings of fact and conclusions of law to support its ruling on any such motion or proposed order.

As added by Acts 1982, P.L.40, SEC.1.