ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Monday, December 18, 1995 TAG: 9512180094
SECTION: VIRGINIA PAGE: A-6 EDITION: METRO
SERIES: Kids and crime
SOURCE: LAURENCE HAMMACK STAFF WRITER
OPENING TRIALS could make defendants and the system more accountable, some say.
Sylvia Babcock went to court last June to get her first look at the 13-year-old accused of killing her father.
Instead, she found herself shut out of the courtroom at the Williamsburg-James City County courthouse, barred from attending the hearing by a state law that makes juvenile proceedings closed to the public.
"For me, [going to court] was going to begin the healing process," Babcock said. "But instead, it delayed it."
Babcock's experience has been cited by Gov. George Allen's Commission on Juvenile Justice Reform in its efforts to swing open the doors of the state's juvenile and domestic relations courts.
Making juvenile proceedings open to the public would not only allow interested parties to observe the process, proponents say, but it would also hold both the defendants and the court system more accountable for their actions.
"I don't think the juvenile court system as a whole is very cognizant of the mood of the public, because what they do in court is never scrutinized by the public," Roanoke Commonwealth's Attorney Donald Caldwell said.
The news media are generally allowed to cover serious cases in juvenile courts, but often with the condition that the name of the accused not be published. The basic premise is that young offenders should not be publicly branded for one mistake when they still have a chance to change their ways.
"Embarrassing all juveniles who come into our system by making their appearance public is simply cruel, brutal and inappropriate," one juvenile court judge wrote in a survey conducted in October by The Roanoke Times.
But of 52 judges that responded to the mail survey, sentiment on public trials was evenly split, with 27 saying they believed the proceedings should be opened.
Under the Allen plan, juvenile court judges could close a hearing to protect the rights of a victim or witness. And personal details about the accused, including psychological reports and the like, would be sealed from public view.
As for Babcock's predicament, she would now be allowed access by the Victim's Bill of Rights passed by the General Assembly this year. Another recently passed - but seldom used - law allows juvenile court judges to release the names of serious offenders.
A second commission that is studying juvenile justice has recommended opening some of the proceedings involving violent offenders, while keeping others closed.
"Given the highly sensitive nature of many of the juvenile court proceedings, specifically in cases involving child abuse, incest and domestic violence, no one's interest would be served by having the courts open to the public" for all cases, a Commission on Youth interim report concluded.
Philip Trompeter, a Roanoke County juvenile court judge, said that while the public may favor identifying drug dealers and violent criminals, sentiment could suddenly shift if the children of rich and prominent families wind up in court on minor charges - and on the evening news.
"I'm waiting for the first kid from the nice part of town who comes through here when they open up the doors," Trompeter said, "and then we'll see how long that law stays on the books."
LENGTH: Medium: 70 lines ILLUSTRATION: PHOTO: DON PETERSEN/Staff. Judge Philip Trompeter thinksby CNBsentiment for open trials could change quickly if prominent
families' offspring appear. Graphic: Chart by staff: What happens in
juvenile court.