[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR50.9]

[Page 41-42]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 50--STATEMENTS OF POLICY--Table of Contents
 
Sec. 50.9  Policy with regard to open judicial proceedings.

    Because of the vital public interest in open judicial proceedings, 
the Government has a general overriding affirmative duty to oppose their 
closure. There is, moreover, a strong presumption against closing 
proceedings or portions thereof, and the Department of Justice foresees 
very few cases in which closure would be warranted. The Government 
should take a position on any motion to close a judicial proceeding, and 
should ordinarily oppose closure; it should move for or consent to 
closed proceedings only when closure is plainly essential to the 
interests of justice. In furtherance of the Department's concern for the 
right of the public to attend judicial proceedings and the Department's 
obligation to the fair administration of justice, the following 
guidelines shall be adhered to by all attorneys for the United States.
    (a) These guidelines apply to all federal trials, pre- and post-
trial evidentiary proceedings, arraignments, bond hearings, plea 
proceedings, sentencing proceedings, or portions thereof, except as 
indicated in paragraph (e) of this section.
    (b) A Government attorney has a compelling duty to protect the 
societal interest in open proceedings.
    (c) A Government attorney shall not move for or consent to closure 
of a proceeding covered by these guidelines unless:
    (1) No reasonable alternative exists for protecting the interests at 
stake;
    (2) Closure is clearly likely to prevent the harm sought to be 
avoided;
    (3) The degree of closure is minimized to the greatest extent 
possible;
    (4) The public is given adequate notice of the proposed closure; 
and, in addition, the motion for closure is made on the record, except 
where the disclosure of the details of the motion papers would clearly 
defeat the reason for closure specified under paragraph (c)(6) of this 
section;
    (5) Transcripts of the closed proceedings will be unsealed as soon 
as the interests requiring closure no longer obtain; and
    (6) Failure to close the proceedings will produce;
    (i) A substantial likelihood of denial of the right of any person to 
a fair trial; or
    (ii) A substantial likelihood of imminent danger to the safety of 
parties, witnesses, or other persons; or
    (iii) A substantial likelihood that ongoing investigations will be 
seriously jeopardized.
    (d) A government attorney shall not move for or consent to the 
closure of any proceeding, civil or criminal, except with the express 
authorization of:
    (1) The Deputy Attorney General, or,
    (2) The Associate Attorney General, if the Division seeking 
authorization is under the supervision of the Associate Attorney 
General.
    (e) These guidelines do not apply to:
    (1) The closure of part of a judicial proceeding where necessary to 
protect national security information or classified documents; or
    (2) In camera inspection, consideration or sealing of documents, 
including documents provided to the Government under a promise of 
confidentiality, where permitted by statute, rule of evidence or 
privilege; or
    (3) Grand jury proceedings or proceedings ancillary thereto; or
    (4) Conferences traditionally held at the bench or in chambers 
during the course of an open proceeding; or
    (5) The closure of judicial proceedings pursuant to 18 U.S.C. 3509 
(d) and (e) for the protection of child victims or child witnesses.
    (f) Because of the vital public interest in open judicial 
proceedings, the records of any proceeding closed pursuant to this 
section, and still sealed 60 days after termination of the proceeding, 
shall be reviewed to determine if the reasons for closure are still 
applicable. If they are not, an appropriate motion will be made to have 
the records unsealed. If the reasons for closure are still applicable 
after 60 days, this review is to be repeated every 60 days until such 
time as the records are unsealed. Compliance with this section will be 
monitored by the Criminal Division.
    (g) The principles set forth in this section are intended to provide 
guidance to attorneys for the Government

[[Page 42]]

and are not intended to create or recognize any legally enforceable 
right in any person.

[Order No. 914-80, 45 FR 69214, Oct. 20, 1980, as amended by Order No. 
1031-83, 48 FR 49509, Oct. 26, 1983; Order No. 1115-85, 50 FR 51677, 
Dec. 19, 1985; Order No. 1507-91, 56 FR 32327, July 16, 1991]