BILL NUMBER: S2597
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the family court act, in relation to establishing stand-
ards for public access to family court
 
PURPOSE OF BILL:
To clarify the standard to be used by a family court judge when deter-
mining whether to close the courtroom to the public or exclude someone
from the courtroom.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the family court act by adding a new section 161-a.
Section 2 amends § 341.1 of the family court act, in relation to juve-
nile delinquency proceedings, to conform existing provisions of law with
the new section 161-a.
Section 3 amends § 433(a) of the family court act, in relation to
support proceedings, to conform existing provisions of law with the new
section 161-a.
Section 4 amends § 531 of the family court act, in relation to paternity
proceedings, to conform existing provisions of law with the new section
161-a.
Section 5 amends § 741(b) of the family court act, in relation to
persons in need of supervision proceedings, to conform existing
provisions of law with the new section 161-a.
Section 6 amends § 1043 of the family court act, in relation to child
protective proceedings, to conform existing provisions of law with the
new section 161-a.
Section 7 sets the effective date.
 
JUSTIFICATION:
The United States' legal principles favor open courts as a tool to
provide a check on government. In 1997, New York's Office of Court
Administration created a court rule concerning access by the public to
family court proceedings. The rule states: "Members of the public,
including news media, shall have access to all courtrooms.' The rule
allows judges to exclude the general public or a person from the court
if they find that the exclusion is warranted, and outlines a list of
factors that the court may consider.'
This bill would codify the rule so as to make clear that the presumption
is that all family court proceedings are open to the public, in the
absence of extenuating circumstances. Anecdotal information suggests
that family court personnel are not uniformly complying with the rule
and are closing the courtroom even in circumstances when the rule would
not allow it. At a recent New York State Senate hearing on family court
proceedings, multiple advocacy groups and members of the public who have
been parties to cases in family court testified to widespread disregard
for this court rule.
Clarifying the circumstances where courts may be closed to the public
will provide a greater measure of transparency and accountability for
judges and court personnel without compromising protection for vulner-
able parties.
 
PRIOR LEGISLATIVE HISTORY:;
S8339A/A10188 (2023-2024): Passed Senate; referred to Judiciary in the
Assembly
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Uniform Rules for the Family Court, Part 205, section 205.4(a) 2
2 Uniform Rules for the Family Court, Part 205, section 205.4(b)