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22 NYCRR 205.4

UNIFORM RULES FOR THE FAMILY COURT

Section 205.4 Access to Family Court Proceedings
[Effective September 2, 1997]

(a) The Family Court is open to the public. Members of the public,
including the news media, shall have access to all courtrooms, lobbies,
public waiting areas and other common areas of the Family Court
otherwise open to individuals having business before the court.

(b) The general public or any person may be excluded from a courtroom
only if the judge presiding in the courtroom determines, on a
case-by-case basis based upon supporting evidence, that such exclusion
is warranted in that case. In exercising this inherent and statutory
discretion, the judge may consider, among other factors, whether:

(1) the person is causing or is likely to cause a disruption in the
proceedings;
(2) the presence of the person is objected to by one of the parties,
including the law guardian, for a compelling reason;
(3) the orderly and sound administration of justice, including the
nature of the proceeding, the privacy interests of individuals before
the court, and the need for protection of the litigants, in particular,
children, from harm requires that some or all observers be excluded from
the courtroom;
(4) less restrictive alternatives to exclusion are unavailable or
inappropriate to the circumstances of the particular case.

Whenever the judge exercises discretion to exclude any person or the
general public from a proceeding or part of a proceeding in Family
Court, the judge shall make findings prior to ordering exclusion.

(c) When necessary to preserve the decorum of the proceedings, the judge
shall instruct representatives of the news media and others regarding
the permissible use of the courtroom and other facilities of the court,
the assignment of seats to representatives of the news media on an
equitable basis, and any other matters that may affect the conduct of
the proceedings and the well-being and safety of the litigants therein.

(d) Audio-visual coverage of Family Court facilities and proceedings
shall be governed by Part 29 of the Rules of the Chief Judge and Part
131 of the Rules of the Chief Administrator.

(e) Nothing in this section shall limit the responsibility and authority
of the Chief Administrator of the Courts, or the administrative judges
with the approval of the Chief Administrator of the Court, to formulate
and effectuate such reasonable rules and procedures consistent with this
section as may be necessary and proper to ensure that the access by the
public, including the press, to proceedings in the Family Court shall
comport with the security needs of the courthouse, the safety of persons
having business before the court and the proper conduct of court
business.