PromSemek, Werther & Mile, LLG 240 812 3030 ez/24/2020 13:22 #086 P.008/008 ve : 8 a VIRGINIA: ae 3 8 IN THE CIRCUIT COURT FOR FAUQUIER COUNTYZ2 OZ (uvenile and Domestic Relations District Court) 25 SG eae fe 3 Y zy 2 COMMENWEALTH ) ae loa } gm = % ) Criminal No. ey 6 ) Judge Cupp LEVI NORWOOD, ) ) Defendant, ) Intervener, the Washington Post, moves the Court for an order permitting the public to attend all hearings in the above-captioned matter, including the arraignment scheduled for 5:00 Pam. today. For the reasons set forth below, this motion should be granted. ‘Memorandum in Support of Motion This case involves a 17-year-old defendant who allegedly murdered and wounded farnily ‘members. Due to the nature of the crime, the case has drawn intense local and national press attention. ‘There is @ long tradition of open access to courtrooms in the Commonwealth of Virginia, ‘That tradition pre-dates the First Amendment to the United States Constitution and the Virginia Newspaper Co. v. Commonwealth, 264 Va. 622, 628, 570 S.E.2d 809, 811 (2002). “A trial is a Public event... There is no special perquisite of the judiciary which enables it, as | a : Constitution, “The right of access to judicial proceedings and records is well-established.” Globe distinguished from other institutions of democratic government, to suppress, edit, or censorErom:Gemek. Werther & Mit Luc 240 912 2020 o2/24/2020 13:23 #055 P.005/000 events which transpire in proceedings before it.” Am. Online, Inc. v. Anonymous Publicly Traded Co., 261 Va, 350, 362, $42 S.E.2d 377, 384 (2001) (quoting Craig v, Harney, 331 U.S. 367.374 (1947). Public access “serves both a therapeutic value, as an outlet for community concern when a shocking crime occurs, and as a means for the public to see that all citizens are treated equally.” Riclmond Newspapers, Inc. v. Commonwealth, 222 Va. 574, $85, 281 S.E.24 915, 921 (1981). Access also “promotes public confidence in the judicial process.” Hertz v. Times-World Corp., 259 Va. 599, 613, 528 S.E.2d 458, 465 (2000) (Koontz, J., dissenting), This case involves a juvenile defendant who will likely be charged as an adult. For that reason, the Virginia Code is also relevant. Va. Code. 16.1-302 provides in relevant part as follows: €. The general public shall be excluded from all juvenile court hearings and only such persons admitted as the judge shall deem proper. However, proceedings in cases involving an adult charged with a crime and hearings held on a petition or warrant alleging that a juvenile fourteen years of age or older committed an offense which would be a felony if committed by an adult shall be open. Subject to the provisions of subsection D for good cause shown, the court may, sua sponte or on motion of the accused or the attomey for the Commonwealth close the proceedings, If the roceedings are closed, the court shall state in writing its reasons and the statement shall be made a part of the public record. (Emphasis added.) ‘Thus, under the U.S. Constitution, the Virginia Constitution, and the Virginia Code, today's arraignment is presumptively open, None of the reasons for closing the proceeding set forth in subsection (d) justify barring the public from today's proceeding. Thus, closing today's arraignment would be unlawful. eR IRR emt nedirrmennntntunreementenWerther @ Mille, LLG 240 812 3030 02/24/2020 13:24 086 P.007/008 Conclusion For the foregoing reasons, The Washington Past respectfully requests that the Coust open today's arraignment and allow the public to attend, DATED: February 24, 2020 Latin H, Mills 79848) 27 Samek | Werther | Mills LLC 2000 Duke Street, Suite 300 Alexandria, VA 22314 703.547.4653 Fax 703.547.4694 Counsel for The Washington PostORDER TO CLOSE HEARING case no.__Ho1784.01-00 Wacooe ant a FAUQUIER COUNTY J&DR.- JUVENILE DIVISION Juvenile and Domestic Relations District Court Inve, NORWOOD, LEVIATHAN HENRY appearing to the Court that ee ee brant nt en ete a [] the above-named adult is charged with a crime, the Cout [J sus sponte, {Ven the motion ofthe accused (UG the motion ofthe Commonvvealths Attomey ORDERS that the hearing scheduled in this matter on. 02/24/2020 . 05:00 PM oar TM TEE arena lena ais ca.o Dy a Juvenile Unargecl We, hae ae Junsrve fow ema OMe beth ike Oot Oe omtcoxptoastomorORDER TO CLOSE HEARING case No; _#017844.0300 FAUQUIER COUNTY J&DR - JUVENILE DIVISION. paveule and Doruestic Relations Diairlt Cz tnre, NORWOOD, LEVIATHAN HENRY Teapparing to th Cour thet lf ‘he sbove named juvenile is fourteen years of ago or olde and charged ona warant or petion alleging an ofese which ‘would bee felony if committed by an adult; OR sie as [] he bovenamed adult is charged with a crime, the Court [1 sun sponte (Y/Gate notion ofthe ecsed (of cates Cononrts Ate ‘ORDERS tha the hearing scheduled inthis matter on 02/24/2000 « 05:00 PM ore Te is hereby CLOSED tothe public forthe following reesons: topreteck “ee praca dys 2, Hee lene Onin, + eet poemrand eee Uirnenr Curte NUM rept and voteot wate elo 8 PokemtiaD JUvewte html. 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