In re Jesse McM.

A delinquency petition charged 17-year-old Jesse McM. (defendant) with two counts of sodomy and two counts of lewd conduct upon two boys, ages nine and 10. Jesse denied the charges. However, after a hearing on jurisdiction, a juvenile court found the allegations to be true and committed Jesse to the Youth Authority for up to five years. Jesse appealed, not contesting the evidence but contending that the juvenile court’s ruling on jurisdiction should be overturned because his request for a public trial was not granted. Jesse asserted that just as a criminal defendant had a constitutional right to a public trial, juveniles should be afforded this same right in juvenile court hearings. The California Supreme Court had ruled that a child does not have a constitutional right to a public trial in juvenile court proceedings. The California Supreme Court had determined that different treatment is permissible for criminal defendants and for children charged with juvenile misconduct. Under California law, members of the public were not admitted to juvenile proceedings unless a juvenile and the juvenile’s parent requested a public hearing. However, a judge had the discretion to allow anyone to attend a juvenile proceeding whose interest in the case was direct and legitimate, such as a victim. Similarly, in criminal trials, a judge had the discretion to shield parts of the trial from public view as reasonably needed to protect a minor witness or a witness who was unable to testify to sensitive or revolting material facts without eliminating public embarrassment. Jesse’s lawyer, rather than Jesse’s mother, requested a public hearing on Jesse’s behalf and did not do so in a timely manner. The request for a public hearing was made after the proceedings had already begun and one of the victims had already testified.