FREE PRESS v. CIRCUIT JUDGE

Docket No. 60470, (Calendar No. 4).

405 Mich. 544 (1979)

275 N.W.2d 482

DETROIT FREE PRESS v. MACOMB CIRCUIT JUDGE

Supreme Court of Michigan.

Decided February 5, 1979.


Attorney(s) appearing for the Case

Kenneth Murray and Brownson Murray for plaintiffs.

Jerald R. Lovell for the defendant Macomb Circuit Judge.

George N. Parris, Prosecuting Attorney, by William A. Dardy, Assistant Prosecuting Attorney, for the defendant Macomb Circuit Judge.

Amici Curiae:

Richard M. Schmidt, Jr., and Martin J. Gaynes (James R. Cregan, Jack C. Landau, and J. Laurent Scharff, of counsel) for American Society of Newspaper Editors, National Newspaper Association, The Reporters Committee for Freedom of the Press Legal Defense and Research Fund, and Radio-Television News Directors Association.

Keywell & Rosenfeld (by Frederic I. Keywell and Donald W. McVay) for Michigan Press Association.

Miller, Canfield, Paddock & Stone (by Gregory L. Curtner and Gillian Steinhauer) for Panax Newspapers, Inc.

Robert W. Howes for State Bar of Michigan Civil Liberties Committee.

Peter M. Alter for State Bar of Michigan Committee on Constitutional Law.


LEVIN, J.

The issue is whether a circuit judge may exclude the public and members of the press from a criminal trial simply because the defendant requested it and the prosecutor did not object. We hold that a judge may not do so.

Section 1420 of the Revised Judicature Act1 entitles the public to attend the sittings of every court. While this right is not absolute, we need not now decide what is sufficient cause to exclude the ...

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