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OREGONIAN PUBLISHING CO. v. O'LEARY

TC 85-1-108; CA A36591; SC S33348.

736 P.2d 173 (1987)

303 Or. 297

OREGONIAN PUBLISHING COMPANY, an Oregon Corporation, and Joan Laatz, Individually and On Behalf of a Class Consisting of All Residents of Oregon, Petitioners On Review, v. James W. O'LEARY, in His Official Capacity As District Attorney for Clackamas County, Defendant, Charles A. Sams, in His Official Capacity As Judge of the Circuit Court for the Fifth Judicial District, and the State of Oregon, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided April 28, 1987.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for petitioners on review. With him on the petition were E. Walter Van Valkenburg and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Kendall M. Barnes, Asst. Atty. Gen., Salem, argued the cause for respondents on review. With him on the memorandum response were Dave Frohnmayer, Atty. Gen., Virginia Linder, Sol. Gen., and David Schuman, Asst. Atty. Gen., Salem.

Marc D. Blackman, Portland, filed a brief amicus curiae on behalf of ACLU Foundation of Oregon, Inc. With him on the brief was Ransom, Blackman & Simson, Portland.

LENT, Justice.

The plaintiffs seek a declaration that the closed hearing provision of ORS 136.617 violates Article I, section 10, of the Oregon Constitution and the First and Fourteenth Amendments to the United States Constitution.1 The circuit court and the Court of Appeals held that the provision was consistent with both constitutions. Oregonian Publishing Co. v. O'Leary,

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