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New York Consolidated Laws

N.Y. Judiciary Law § 4 (2026)

Sittings of courts to be public

✓ current as of May 2026
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§ 4. Sittings of courts to be public. The sittings of every court
within this state shall be public, and every citizen may freely attend
the same, except that in all proceedings and trials in cases for
divorce, seduction, rape, assault with intent to commit rape, bastardy,
filiation, or a crime formerly defined in sections 130.50, 130.45, and
130.40 of the penal law, the court may, in its discretion, exclude
therefrom all persons who are not directly interested therein, excepting
jurors, witnesses, and officers of the court.
Notes of Decisions
Cited in 129 cases (11 in the last 5 years), 1971–2026 · leading case: Globe Newspaper Co. v. Superior Court, Cnty. of Norfolk, 457 U.S. 596 (1982).
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Globe Newspaper Co. v. Superior Court, Cnty. of Norfolk, 457 U.S. 596 (1982). · cites it 4× “1981); N. Y. Jud. Law § 4 (McKinney 1968); N. C.”
People v. Kordish, 140 A.D.3d 981 (N.Y. App. Div. 2016). · cites it 2× “The defendant's contention that he was denied his right to a public trial ( see US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4; People v Martinez , 82 NY2d 436, 441 ) when the trial court closed the courtroom during the testimony of two undercover officers ( see…”
New York Civil Liberties Union v. New York City Transit Auth., 684 F.3d 286 (2d Cir. 2011). “N.Y. Judiciary Law § 4 (stating that, absent exceptions not relevant here, “[t]he sittings of every court within this state shall be public, and every citizen may freely attend the same.”
People v. Martinez, 624 N.E.2d 1027 (NY 1993). “Defendant was convicted as charged and sentenced to 5 to 10 years’ imprisonment. The Appellate Division affirmed.”
People v. Echevarria, 989 N.E.2d 9 (NY 2013). “The right of a criminal defendant to a public trial is fundamental (People v Martin, 16 NY3d 607, 611 [2011]; US Const 6th, 14th Amends; see also Civil Rights Law § 12; Judiciary Law § 4). And, although it “may give way in certain cases to other rights or interests,” “[s]uch…”
People v. Ramos, 685 N.E.2d 492 (NY 1997). “Discussion A criminal defendant’s right to a public trial (US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4), though fundamental, is not absolute.”
Capital Newspapers Div. of Hearst Corp. v. Moynihan, 14 Media L. Rep. (BNA) 2262 (NY 1988). · cites it 2× “” (Judiciary Law § 4.) Respondents urge that youthful offender sentencings are by nature different from other court sittings, that the youthful offender statute provides an exception to the statutory presumption of openness, and that these proceedings may therefore be closed in…”
People v. Martin, 949 N.E.2d 491 (NY 2011). “public trial” (US Const 6th, 14th Amends; see also Civil Rights Law § 12; Judiciary Law § 4). This right “has long been regarded as a fundamental privilege of the defendant in a criminal prosecution” (People v Jelke, 308 NY 56, 61 [1954]) and extends to the voir dire portion of…”
People v. Colon, 521 N.E.2d 1075 (NY 1988). “This mandate is binding on the States through the Fourteenth Amendment (see, Duncan v Louisiana, 391 US 145, 148 ; Matter of Oliver v *414 Postel, 30 NY2d 171, 178 ), and in New York, the right is further protected by statute (see, Civil Rights Law § 12; Judiciary Law § 4…”
Andre Brown v. Robert Kuhlmann, Superintendent of Sullivan Corr. Facility, 142 F.3d 529 (2d Cir. 1998). “Rights Law § 12 (McKinney 1992) (guaranteeing right to a public trial in state bill of rights); N.Y. Jud. Law § 4 (McKinney 1983) (requiring that all judicial proceedings be public except in limited circumstances), and the New York appellate courts have been particularly…”
Kent v. Kent, 29 A.D.3d 123 (N.Y. App. Div. 2006). “v Virginia, 448 US 555 [1980]; People v Kin Kan, 78 NY2d 54, 57 [1991] [“Closure remains only an exception to the mandatory postulate of open trials”]; Judiciary Law § 4). This fundamental rule of public access to judicial proceedings applies equally to matters heard in Family…”
P. B. v. C. C., 25 Media L. Rep. (BNA) 1027 (N.Y. App. Div. 1996). · cites it 2× “There is constitutional and statutory presumption in favor of public access to judicial proceedings (see, Richmond Newspapers v Virginia, 448 US 555 ; Judiciary Law § 4). The right of public access is not absolute, however, and courts must also exercise their discretion to…”
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