Ukiah Daily Journal v. Superior Court

*790 Opinion

We hold that voir dire must be conducted in open proceedings unless there is an overriding interest supported by adequate findings that closure is necessary to preserve that interest. A court must also consider alternatives to closure which might harmonize the rights of the public and the defendant before any narrowly tailored order for closure is made.

Real party in interest Thomas John Marston is awaiting trial for a drug-related double murder in Mendocino County, Because the People are seeking the death penalty, Marston’s jury may be “death-qualified” by removing all prospective jurors who indicate during voir dire that they are unequivocally opposed to capital punishment. (Witherspoon v. Illinois (1968) 391 U.S. 510 [ 20 L.Ed.2d 776 , 88 S.Ct. 1770 ].) When jury selection commenced, Marston and the People jointly moved to close the Wither-spoon-related voir dire to the press and public. Petitioner Ukiah Daily Journal (Journal) appeared and opposed the motion. Journal asserted the public’s right to open judicial proceedings and the corollary First Amendment right of the press to attend and report on criminal trials. (See Richmond Newspapers, Inc. v. Virginia…