Telegram-Tribune, Inc. v. Municipal Court

The Telegram-Tribune, Inc., a California corporation, and KSBY-TV appeal from a judgment of the San Luis Obispo Superior Court denying their petition for writ of mandate. We affirm the judgment.

Appellants ask this court to consider appropriate standards for a magistrate to determine whether the public’s right of access to preliminary hearings should be limited due to risk of impairment of a defendant’s right to a fair trial, and whether in camera proceedings violated appellants’ right to access to criminal proceedings. The California Supreme Court recently resolved the first question in Press-Enterprise Co. v. Superior Court (1984) 37 Cal.3d 772 [ 209 Cal.Rptr. 360 , 691 P.2d 1026 ], and held that “the magistrate shall close the preliminary hearing upon finding a reasonable likelihood of substantial prejudice which would impinge upon the right to a fair trial.” (P. 781.) The court did not address the second question.

The present state of the record renders this proceeding academic. Nevertheless, appellants ask us not to exercise judicial restraint but to disregard the mootness, as did the superior court. We concur that the issues presented are capable of repetition yet…