Ind. Code » Title 5
Indiana Code

Ind. Code § 5-14-2-3 (2025)

Exclusion of general public; opportunity to be heard

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. No court may order the exclusion of the general public from any criminal proceeding, or part of a criminal proceeding, unless it first affords the parties and the general public a meaningful opportunity to be heard on the issue of any proposed exclusion.

As added by Acts 1982, P.L.40, SEC.1.

 

Notes of Decisions
Cited in 5 cases, 1996–2020 · leading case: Williams v. State, 690 N.E.2d 162 (Ind. 1997).
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Williams v. State, 690 N.E.2d 162 (Ind. 1997). “at § 5-14-2-3. In addition, as Williams notes, the Code further provides: This chapter does not affect the inherent power of a court to make limited exclusions of witnesses, to relieve overcrowding, to protect the order and decorum of the courtroom, or to exclude those…”
Kendrick v. State, 661 N.E.2d 1242 (Ind. Ct. App. 1996). “However, the statute specifically states that this: does not affect the inherent power of a court to make limited exclusions of witnesses, to relieve overcrowding, to protect the order and decorum of the courtroom, or to exclude those individuals whose presence constitutes a…”
Antwane Washington v. State of Indiana (mem. dec.), No. 49A04-1606-CR-1432 (Ind. Ct. App. Nov. 29, 2017). · cites it 2× “4 We further note that Washington argues that the trial court also violated INDIANA CODE § 5-14-2-3 when it excluded the public from the trial without first conducting a hearing for the public.”
David Sanders v. State of Indiana (mem. dec.), No. 49A02-1606-CR-1403 (Ind. Ct. App. Nov. 29, 2017). “INDIANA CODE § 5-14-2-3 provides that “[n]o court may order the exclusion of the general public from any criminal proceeding, or part of a criminal proceeding, unless it first affords the parties and the general public a meaningful opportunity to be heard on the issue of any…”
Kevin James McCaster, Jr. v. State of Indiana (mem. dec.), 146 N.E.3d 362 (Ind. Ct. App. 2020). “INDIANA CODE § 5-14-2-3 provides that a trial court may not order the exclusion of the general public from a criminal proceeding unless it gives both parties and the public a “meaningful opportunity to be heard on the issue of any proposed exclusion.”
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