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State in Interest of A.S.

September 30, 1974

STATE IN THE INTEREST OF A.S., A JUVENILE


Troast, J.J.D.R.C.

Troast

Application has been made for release of a partial transcript of a hearing in this court on October 24, 1973, involving certain complaints against A.S., a juvenile. That hearing resulted in an order continuing the matter for a nine-month period of adjustment, and at the expiration of that period the complaints against A.S. were dismissed. However, the juvenile had caused a complaint to be filed in a municipal court against Thomas Corcoran, who was one of the complainants in the Juvenile and Domestic Relations Court action involving A.S. After a hearing in the municipal court Thomas Corcoran was convicted of assault and battery and he now seeks a transcript of part of the testimony of A.S. in this court.

In the municipal court A.S. testified as follows:

Q Did you on that date, October 24, 1973, make a statement that on September 26, 1973, in the alleyway where the alleged incident occurred it was too dark for you to see who hit you?

A No, I did not.

The transcript of the testimony of A.S. in this court on October 24, 1973 reveals that he was asked the following question about the identity of the person who struck him: "You don't know which one it was?" and that he answered "No, really I don't know cause it was dark out in the back alley."

The municipal court has granted Thomas Corcoran a rehearing on the assault and battery charge in order to afford him an opportunity to produce the partial transcript in question, and Corcoran is asking only for a transcript covering the alleged conflicting testimony referred to above.

R. 5:10-6(b) states in part:

No public use shall be made of the stenographic or sound record, or a transcript thereof, of any hearing or trial by any person, including a party, except in the course of an appeal or, if no juvenile is involved in the proceeding, in other legal proceedings, or as authorized by the court.

See also, N.J.S.A. 2A:4-65.

R. 5:10-7(a) also deals with the availability of court records of the Juvenile and Domestic Relations Court and provides that transcripts of proceedings are considered procedural records. R. 5:10-7(c) states in part:

All procedural and social records in juvenile matters and all social records in adult matters shall be strictly safeguarded from indiscriminate public inspection. The court may, if its discretion, in the best interest of a juvenile or adult or for other good ...


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