State v. NewmanState v. Newman
Defendant below, Edward C. Newman, (hereinafter defendant), was charged by information with the possession of cocaine in violation of
We begin by finding that there is no merit to the state‘s argument that defendant‘s attack upon section 893.135 is premature and/or inappropriate. In State v. Benitez, 395 So.2d 514 (Fla. 1981), the state argued that one charged with trafficking in cocaine in violation of section 893.135 had no standing to challenge the “penalty-oriented statute” until that person was convicted thereunder. The state reasoned that until the person charged was convicted, he did not have the personal stake in the outcome of the controversy which is necessary to confer standing. We disagreed, observing:
To state the assertion is to demonstrate its absurdity. A party subject to criminal prosecution clearly has a sufficient personal stake in the penalty which the offense carries. This is wholly unlike cases in which criminal defendants have challenged portions of a statute which have nothing to do with their prosecution.
The state explains that the issue which it raises in this cause, however, is ”not one of standing per se, but rather relates directly to the standing doctrine of ripeness.” It argues that because defendant has not been tried or convicted, his attack upon section 893.135 is premature and/or inappropriate. We do not think that the new light in which the state attempts to cast the issue makes any difference.
Our opinion in State v. Benitez also resolves two other issues presented by this appeal. In Benitez, we held that the words “substantial assistance“, as used in the statute, are not impermissibly vague and do not violate the due process clause of the constitution. We also held that
Any questions regarding the use of the word “may” in
Finally, we consider the question of whether the provision of
We need not discourse on the importance of open judicial proceedings; their value and benefit to society are beyond doubt and question. The right of access of the public and press to all phases of a trial is, therefore, accorded great deference. That does not mean, however, that said right supersedes all others, for, as the United States Supreme Court has observed:
The right of access to courtroom proceedings, of course, is not absolute. It is limited both by the constitutional right of defendants to a fair trial, see, e.g., Estes v. Texas, 381 U.S. 532, 85 S.Ct. 1628, 14 L.Ed.2d 543 (1965), and by the needs of government to obtain just convictions and to preserve the confidentiality of sensitive information and the identity of informants.
Gannet Co. v. DePasquale, 443 U.S. 368, 398, 99 S.Ct. 2898, 2915, 61 L.Ed.2d 608 (1979), Powell, J., concurring.
Justice Brennan observed likewise in another opinion concerning the closure of judicial proceedings:
[O]ur decisions must ... be understood as holding only that any privilege of access to governmental information is subject to a degree of restraint dictated by the nature of the information and countervailing interests in security or confidentiality.
Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 586, 100 S.Ct. 2814, 2833, 65 L.Ed.2d 973 (1980), Brennan, J., concurring.
The courts of this state have also recognized that the rights of the public and press must be balanced against other considerations, and that the First Amendment does not invariably prevail, mandating open judicial proceedings. In State ex rel. Miami Herald Publishing Co. v. McIntosh, 340 So.2d 904 (Fla. 1976), we observed that “[i]n determining restrictions to be placed upon access to judicial proceedings, the court must balance the rights and interest of the parties to litigation with those of the public and press.” Id. at 908 (citation omitted).
By virtue of its inherent power to control the conduct of its own proceedings, there is little doubt that under certain circumstances the courts may exclude the public and the press from its proceedings, but such authority must be cautiously exercised.
News-Press Pub. Co., Inc. v. State, 345 So.2d 865, 867 (Fla.2d DCA 1977). See also Sentinel Star Co. v. Booth, 372 So.2d 100 (Fla.2d DCA 1979).
The foregoing clearly demonstrates that closed judicial proceedings are not banned absolutely. While the presumption in favor of openness is powerful, there are circumstances where closure is justified, i.e., when the rights of defendants to receive a fair trial or the government‘s need to obtain just convictions and preserve the confidentiality of sensitive information and the identity of informants warrant such.
In light of the foregoing, the order of the trial court finding section 893.135 unconstitutional is reversed and the case is remanded for proceedings consistent herewith.
It is so ordered.
BOYD, OVERTON, ALDERMAN and McDONALD, JJ., concur.