Rule 50. Presence at hearings.
(a) In abuse, neglect, and dependency cases
the court shall exclude all persons who do not have a direct interest in the
proceedings except as provided for by Utah Code Section 78A-6-114. If a motion
is made to deny any person access to any part of a hearing, the parties to the
hearing, including the person challenged, may address the issue by proffer, but
are not entitled to an evidentiary hearing. A person denied access to a
proceeding may petition the Utah Court of Appeals under Utah Rule of Appellate
Procedure 19. Proceedings shall not be stayed pending appeal. As provided for
by Utah Code Section 78A-6-115, a person may file a petition requesting a copy
of a record of the proceedings, setting forth the reasons for the request. Upon
a finding of good cause by the Court and payment of a fee, the person shall
receive an audio recording of a proceeding. The Court may place under seal
information received in an open proceeding.
(b) In delinquency cases the court shall
admit all persons who have a direct interest in the case and may admit persons
requested by the parent or legal guardian to be present.
(c) In delinquency cases in which the minor
charged is 14 years of age or older, the court shall admit any person unless
the hearing is closed by the court upon findings on the record for good cause
if:
(c)(1) the minor
has been charged with an offense which would be a felony if committed by an
adult; or
(c)(2) the minor is
charged with an offense that would be a class A or B misdemeanor if committed
by an adult and the minor has been previously charged with an offense which
would be a misdemeanor or felony if committed by an adult.
(d) If any person, after having been warned,
engages in conduct which disrupts the court, the person may be excluded from
the courtroom. Any exclusion of a person who has the right to attend a hearing
shall be noted on the record and the reasons for the exclusion given. Counsel
for the excluded person has the right to remain and participate in the hearing.
(e) Videotaping, photographing or recording
court proceedings shall be as authorized by the Code of Judicial Administration.