State v. Smith, 334 P.3d 1049

Smith was charged with multiple counts of rape and related offenses; hallway sidebar conferences occurred 132 times during trial to address evidentiary objections while the jury was in the courtroom; the court recorded hallway sidebars on video/audio while deactivating courtroom recording; Smith was convicted on four counts of third-degree rape and one count of second-degree perjury; the Court of Appeals affirmed, and the Supreme Court granted review on public-trial-right grounds; the majority holds sidebars do not implicate the public trial right.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Do hallway sidebar conferences implicate the public trial right?	Smith argues Bone-Club analysis was required and closures violate article I, section 22.	Smith argues sidebars are closed to the public but not to counsel; the proceedings are ministerial and private.	No; sidebars do not implicate the public trial right.

State v. Sublett, 176 Wn.2d 58 (2012) (adopts experience and logic test for public trial right)
Bone-Club, 128 Wn.2d 254 (1995) (five-step Bone-Club analysis before closures)
State v. Wise, 176 Wn.2d 1 (2012) (public-trial-right framework and openness concerns)
State v. Easterling, 157 Wn.2d 167 (2006) (closure implications in sever/dismiss hearings)
Rovinsky v. McKaskle, 722 F.2d 197 (5th Cir. 1984) (sidebar discussants may not violate public trial right when appropriately recorded)