Conn. Practice Book § 42-48 (2026)

Sec. 42-48. —Cautioning Parties and Wit- nesses Whenever appropriate in the light of the issues in the case or its notoriety, the judicial authority may direct the parties, their counsel and the wit- nesses not to make extrajudicial statements relat- ing to the case or the issues in the case for dis- semination by any means of public communi- cation. (P.B. 1978-1997, Sec. 894.) Sec. 42-49. Closure of Courtroom in Crimi- nal Cases (Amended May 14, 2003, to take effect July 1, 2003.) (a) Except as otherwise provided by law, there shall be a presumption that courtroom proceed- ings shall be open to the public. (b) Except as provided in this section and except as otherwise provided by law, the judicial authority shall not order that the public be excluded from any portion of a courtroom pro- ceeding. (c) Upon written motion of the prosecuting authority or of the defendant, or upon its own motion, the judicial authority may order that the © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN CRIMINAL MATTERS Sec. 42-49 public be excluded from any portion of a court- room proceeding only if the judicial authority con- cludes that such order is necessary to preserve an interest which is determined to override the public’s interest in attending such proceeding. The judicial authority shall first consider reasonable alternatives to any such order and any such order shall be no broader than necessary to protect such overriding interest. An agreement of the par- ties to close the courtroom shall not constitute a sufficient basis for the issuance of such an order. (d) In connection with any order issued pursu- ant to subsection (c) of this section, the judicial authority shall articulate the overriding interest being protected and shall specify its findings underlying such order. If any findings would reveal information entitled to remain confidential, those findings may be set forth in a sealed portion of the record. The time, date and scope of any such order shall be set forth in a writing signed by the judicial authority which upon issuance the court clerk shall immediately enter in the court file and publish by posting on a bulletin board adjacent to the clerk’s office and accessible to the public. The judicial authority shall order that a transcript of its decision be included in the file or prepare a memo- randum setting forth the reasons for its order. (e) A motion to close a courtroom proceeding shall be calendared so that notice to the public is given of the time and place of the hearing on the motion and to afford the public an opportunity to be heard on the motion under consideration. The notice of the time, date and place of the hearing on the motion shall be posted on a bulletin board adjacent to the clerk’s office and accessible to the public. The motion itself may be filed under seal, where appropriate, by leave of the judicial author- ity. (f) With the exception of orders concerning any session of court conducted pursuant to General Statutes § 54-76h or any other provision of the General Statutes under which the court is author- ized to close courtroom proceedings, whether at a pretrial or trial stage, no order excluding the pub- lic from any portion of a courtroom proceeding shall be effective until seventy-two hours after it has been issued. Any person affected by such order shall have the right to the review of such order by the filing of a petition for review with the Appellate Court within seventy-two hours from the issuance of such order. The timely filing of any petition for review shall stay such order. (P.B. 1978-1997, Sec. 895.) (Amended June 28, 1999, to take effect Jan. 1, 2000; amended May 14, 2003, to take effect July 1, 2003; amended June 21, 2004, to take effect Jan. 1, 2005.) HISTORY—2003: Prior to 2003, when both the title and text were amended, Section 42-49 read: ‘‘—Exclusion of the Public; Sealing or Limiting Disclosure of Documents 423 ‘‘(a) Except as provided in this section and except as otherwise provided by law, including Sections 36-2, 40-29 and 40-40 through 40-43 and General Statutes § 54-33c, the judicial authority shall not order that the public, which may include the news media, be excluded from any portion of a court proceeding and shall not order that any files, affidavits, documents, or other materials on file with the court or filed in connection with a court proceeding be sealed or their disclo- sure limited. ‘‘(b) Upon motion of the prosecuting authority or of the defendant, or upon its own motion, the judicial authority may order that the public be excluded from any portion of a court proceeding and may order that files, affidavits, documents or other materials on file with the court or filed in connection with a court proceeding be sealed or their disclosure limited if the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the pub- lic’s interest in attending such proceeding or in viewing such materials. Any such order shall be no broader than necessary to protect such overriding interest. ‘‘(c) In connection with any order issued pursuant to subsec- tion (b) of this section, the judicial authority shall, on the record in open court, articulate the overriding interest being protected and shall specify its findings underlying such order. The time and date of any such order shall be entered by the court clerk in the court file together with such order. ‘‘(d) With the exception of orders concerning any session of court conducted pursuant to General Statutes § 54-76h or any other provision of the General Statutes under which the court is authorized to close proceedings, whether at a pretrial or trial stage, no order excluding the public from any portion of a proceeding shall be effective until seventy-two hours after it has been issued. Any person affected by such order shall have the right to the review of such order by the filing of a petition for review with the Appellate Court within seventy-two hours from the issuance of such order. The timely filing of any petition for review shall stay such order. (See General Statutes § 51-164x.) ‘‘(e) With the exception of orders concerning the disclosure of any documents pursuant to General Statutes § 54-33c or any other provision of the General Statutes under which the court is authorized to seal or limit the disclosure of files, affida- vits, documents or materials, whether at a pretrial or trial stage, and any order issued pursuant to a court rule that seals or limits the disclosure of any affidavit in support of an arrest warrant, any person affected by a court order that seals or limits the disclosure of any files, documents or other materials on file with the court or filed in connection with a court proceed- ing, shall have the right to the review of such order by the filing of a petition for review with the Appellate Court within seventy-two hours from the issuance of such order. Nothing under this subsection shall operate as a stay of such seal- ing order.’’ COMMENTARY—2003: The public and press enjoy a right of access to attend trials in criminal cases. Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 10, 106 S. Ct. 2735, 92 L. Ed. 2d 1 (1986) (Press-Enterprise II); Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 606, 102 S. Ct. 2613, 73 L. Ed. 2d 248 (1982). This right is well settled in the common law and has been held to be implicit in the first amendment rights protecting the freedom of speech, of the press, of peace- able assembly and to petition the government for a redress of grievances. Globe Newspaper Co. v. Superior Court, supra, 603; Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 575, 100 S. Ct. 2814, 65 L. Ed. 2d 973 (1980); see generally Press-Enterprise II, supra, 6–13; see also In re Matter of the New York Times Co., 828 F.2d 110, 113 (2d Cir. 1987). In © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN CRIMINAL MATTERS