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GREAT FALLS TRIBUNE v. JUDICIAL D. COURT

Nos. 89-67, 89-94.

777 P.2d 345 (1989)

STATE, ex rel., GREAT FALLS TRIBUNE COMPANY, INC., a Montana corporation, Applicant, v. MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY, Hon. John M. McCarvel, District Judge, Respondent. STATE, ex rel., GREAT FALLS TRIBUNE COMPANY, INC., a Montana corporation, Applicant, v. DISTRICT COURT, CASCADE COUNTY, Hon. John M. McCarvel, District Judge, Respondent.

Supreme Court of Montana.

Decided July 26, 1989.

Attorney(s) appearing for the Case

Peter Michael Meloy (argued), Meloy Law Firm, Helena, for applicant.

Marc Racicot, Atty. Gen., Dorothy McCarter (argued), Asst. Atty. Gen., Helena, Patrick L. Paul, County Atty., Great Falls, Russell K. Jones and Keith Douglass, Spokane, Wash., for respondent.

SHEEHY, Justice.

In these consolidated cases, we conclude that under Montana law, the public and press have a right of access to attend judicial hearings conducted to determine whether probation rights of convicted persons should be revoked; but that in a proper case such as this, a district court may close such a judicial hearing to the public and press under state law without thereby offending the federal constitution. When such hearings are properly closed to the...

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