STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES E. WILLIAMS, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES J. KOEDATICH, DEFENDANT-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 23, 1983.
Decided April 26, 1983.
Attorney(s) appearing for the Case
M. Virginia Barta, Assistant Deputy Public Defender, argued the cause for appellant James E. Williams (Joseph H. Rodriguez, Public Defender, attorney; Theodore V. Fishman, Deputy Public Defender and J. Stewart Husid, First Assistant Deputy Public Defender, of counsel; M. Virginia Barta and Matthew Astore, Assistant Deputy Public Defender, on the brief).
Howard F. Cerny, a member of the New York bar, argued the cause for appellant James J. Koedatich (John C. Tarantino, attorney).
Irwin I. Kimmelman, Attorney General of New Jersey, argued the cause for respondent (Philip S. Carchman, Mercer County Prosecutor (State v. Williams), and Howard A. McGinn, Warren County Prosecutor (State v. Koedatich), attorneys; Debra L. Stone, Deputy Attorney General, and Kathryn Flicker, First Assistant, Mercer County Prosecutor, of counsel; Debra L. Stone, on the brief).
Thomas J. Cafferty argued the cause for amicus curiae New Jersey Press Association (Seiffert, Frisch, McGimpsey and Cafferty, attorneys; Thomas J. Cafferty and A.F. McGimpsey, Jr., on the brief).
Frances Goldmark argued the cause for amicus curiae The Trenton Times Corporation (Jamieson, McCardell, Moore, Peskin & Spicer, attorneys; Frances Goldmark, Richard D. Martinson and Andrew J. Shedlock, III, on the brief).
Edward F. Lamb argued the cause for intervenor Newark Morning Ledger Company, Publisher of the Star-Ledger (Robinson, Wayne, Levin, Riccio & La Sala, attorneys; Peter C. Gould, a member of the New York bar, of counsel; Edward F. Lamb, Donald A. Robinson and Joseph F. Lagrotteria, on the brief).
Frederick L. Whitmer argued the cause for intervenors The New York Times Co. and CBS Inc. (Pitney, Hardin, Kipp & Szuch, attorneys; George Freeman and Allen Y. Shaklan, members of the New York bar, of counsel; Frederick L. Whitmer, Peter A. Scarpato and Peter M. Laughlin, on the brief).
Gerald A. Hughes submitted a brief on behalf of amicus curiae Capitol City Publishing Company, Inc. t/a The Trentonian.
Martin Klughaupt submitted a letter brief on behalf of intervenors The Herald-News and The Daily Advance.
Aron M. Schwartz submitted a brief on behalf of intervenors Morristown Daily Record, Inc. and Easton Publishing Company (Vogel and Chait, attorneys; Aron M. Schwartz and Lorraine C. Staples, on the brief).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by HANDLER, J.
These cases pose the question of whether and under what circumstances pretrial proceedings in a criminal prosecution can be closed to the public and the press. In each of these cases, the defendant has been charged with murder under the New Jersey Code of Criminal Justice and faces the death penalty. Defendants claim that the public and the press should be excluded from certain of their pretrial proceedings, specifically...
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