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    September 06, 2023

    ABA Court Watching

    You can and should watch courts! Why?

    The right of public access to court proceedings is enshrined in the Constitution. The First Amendment to the U.S. Constitution gives the public and press a right of access to court proceedings, while the Sixth Amendment gives individuals facing criminal charges the right to a public trial. Requiring the work of the courts to be conducted in public view provides an important check on the potential for abuse of power, allowing observers to better understand how the justice system operates and enhancing public confidence in the courts.

    With certain very limited exceptions, each step of the judicial process is open to the public. Additionally, observers generally have a right to access to court documents, including pleadings, motions, verdict sheets, etc.

    Exceptions to open courts are very limited. Reasons for closing a courtroom must be recorded and can be challenged. Limitations that have been accepted generally fall into several broad categories:

    • Grand Jury Proceedings – Grand jury proceedings are secret, and transcripts of grand jury proceedings are only released if a court determines that release to be in the public interest. See Douglas Oil Co. v. Petrol Stops Northwest, 441 U.S. 211 (1979)
    • Juvenile Proceedings – In a number of jurisdictions, juvenile delinquency proceedings are closed to the public. To determine whether your jurisdiction allows observations of juvenile proceedings, please review this Report on Access to Juvenile Justice from the Reporters Committee for Freedom of the Press.
    • National Security –  In cases involving issues of national security, a court may order a proceeding closed to the public. For more on this, please see the Reporters Committee for Freedom of the Press – Behind Closed Doors
    • Other Security or Privacy Concerns – A court may order a proceeding closed to the public if the proceeding raises specific and special security or privacy concerns, e.g. proceedings involving a confidential informant or a child victim/witness during that victim/witness testimony. Any such closure must be narrowly tailored to meet only the needs that justify the closure and alternative access should be considered.

    ABA Court-Watching

    ABA SCLAID and CRSJ have coordinated on a number of court watching efforts. These efforts have focused on misdemeanor and other low-level criminal and civil infraction courts.

    New Mexico:
    Punishing The Poor: An Assessment of the Administration of Fines and Fees in New Mexico Misdemeanor Courts (February 2023)

    Nashville, TN: Denial of the Right to Counsel in Misdemeanor Courts (August 2017)

    In conducting court watching, ABA SCLAID and CRSJ measure existing practices against Constitutional standards and ABA policy.  Relevant ABA Policy and Ethics Opinions include:

    Some other helpful background materials on misdemeanor courts:

    Materials, Forms and Manuals for Court Watching

    General Court Watching Materials:

    Criminal Court Observation Forms and Manuals:

    Court Watch MA: Arraignment Observation Form (Essex)

    Other Forms and Manuals:

    Webinars on Courtwatching 

    Court Watching Organizations

    Articles on Court-Watching