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Friday, March 07, 2003

Pittsburgh Post-Gazette

Despite a state Superior Court ruling last month that juvenile court hearings regarding abused and neglected children are open to the public, a Beaver County hearing officer yesterday evicted a Post-Gazette reporter from a hearing.

John L. Walker Jr. barred the reporter even though no one in the courtroom asked him to do so. Both parents, Selena Underwood and Antwan Carter, said before the hearing that they wanted a reporter present while the custody of their child, Na-Dayja, was discussed.

The Beaver County children's agency had taken the newborn from Selena Underwood, who was trying to get her back.

Walker said Common Pleas Judge John McBride, who oversees juvenile court in Beaver County, had decided not to honor the Superior Court decision until after the 30-day appeal period had expired.

Lawyers for the Post-Gazette, which had sought the Superior Court decision, said they were unaware of an appeal, and even if one had been filed, Superior Court had not issued a stay of the ruling, which would delay its implementation.

Though state law suggests the hearings are closed, Superior Court ruled that they are open because of a guarantee in the Pennsylvania Constitution that says: "All courts shall be open."

Superior Court decided that a judge may close a hearing if a party, such as a parent, asks for a secret hearing and proves closure would serve a compelling governmental interest.

Yesterday, Walker permitted relatives of the parents to attend the hearing. At an earlier hearing in the case, the court refused to permit relatives, including the baby's grandparents, into the hearing room.