Sixth Amendment requires public access to trial during voir dire
In Presley v. Georgia, the U.S. Supreme Court underscored the importance of public access to criminal trials.
In Presley, over the defendant’s objection, the trial court had excluded a member of the public, who happened to be the defendant’s uncle, because the courtroom was too small to hold both the prospective jurors and the relative without both sitting in the same row. The trial court had been concerned that the jurors could be tainted by such proximity.
The Court ruled per curiam 7-2 that judges must consider alternatives to closing a courtroom during jury selection, even if no party makes any suggestions for how to otherwise address the issue prompting the judge to consider closing the court in the first place. The high court majority said the Georgia Supreme Court had disregarded the U.S. Supreme Court's explicit instructions on that point.
Thomas and Scalia dissented, objecting to the summary disposition of the case.
