921 N.W.2d 439
N.D.2019Background
- Alexander Pittenger was convicted by a jury of class A misdemeanor corruption/solicitation of a minor under N.D.C.C. § 12.1-20-05.
- At trial the prosecutor requested the courtroom be closed during the juvenile complaining witness’s testimony; the witness was 17 at trial and 15 at the time of the alleged offense.
- Pittenger objected at trial to closing the courtroom on the ground of his right to a public trial; the court nevertheless cleared and locked the courtroom except for a representative of the State’s Attorney.
- The district court made no hearing, findings, or analysis of the constitutionally required factors or the statutory factors in N.D.C.C. § 12.1-35-05.2 before ordering closure, relying only on the witness’s minority.
- On appeal the parties stipulated that a structural error occurred; the Supreme Court temporarily remanded for consideration of a dismissal motion, which the district court denied, and the appeal resumed.
- The North Dakota Supreme Court reversed the criminal judgment, holding the courtroom closure without proper analysis constituted structural error requiring automatic reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether closing the courtroom during the minor witness’s testimony violated the defendant’s right to a public trial | Closure was appropriate and common practice for juvenile victims; statute supports protecting child’s reputation | Closure violated Pittenger’s Sixth Amendment/public-trial rights because court closed without required analysis | Court held closure without required analysis/finding was structural error and reversed the conviction |
| Whether the district court followed required constitutional factors before closure | Court implicitly protected minor by closing; no specific factor analysis claimed | Court failed to consider Waller factors (overriding interest, narrowness, alternatives, findings) | Court held the Waller factors must be considered and were not, requiring reversal |
| Whether statutory factors under N.D.C.C. § 12.1-35-05.2 were applied | Statute authorizes closure in child-related sex cases; closure consistent with protecting child | Court did not apply or analyze the statutory list of factors before closure | Court held statutory factors also should have been considered; absence of that analysis contributed to reversible structural error |
| Whether the error was harmless or required automatic reversal | State did not argue the error was harmless in light of structural-error precedent | Pittenger argued denial of public trial is structural error requiring automatic reversal | Court held denial of public trial without proper analysis is structural error requiring automatic reversal |
Key Cases Cited
- State v. Rogers, 919 N.W.2d 193 (N.D. 2018) (denial of public trial without proper analysis is structural error; Waller factors required)
- State v. Decker, 907 N.W.2d 378 (N.D. 2018) (reiterating the requirement to apply Waller factors before closing a courtroom)
- Waller v. Georgia, 467 U.S. 39 (1984) (establishes four-part test for closing criminal proceedings to the public)