On Appeal From the United States District Court For the Western District of Pennsylvania. (D.C. Crim. Action Nos. 93-00053-01, 93-00054-01).
Before: Sloviter, Chief Judge, and Stapleton, Circuit Judge, and Restani,*fn** Judge, United States Court of International Trade.
STAPLETON, Circuit Judge :
This appeal requires us to apply the confidentiality provisions of the Juvenile Delinquency Act, 18 U.S.C. §§ 5031-42 ("the Act"). We hold that the Act gives district Judges authority to regulate access to the record of proceedings under the Act on a case-by-case basis through a balancing of interests.
A.D. and T.Y., juveniles, were arrested in connection with gang-related armed robberies of Pittsburgh-area convenience, clothing, and food stores. To initiate federal juvenile delinquency proceedings against A.D. and T.Y., the United States filed informations. The government also sought to detain A.D. and T.Y., so detention hearings were scheduled before a magistrate. PG Publishing Co., publisher of the Pittsburgh Post-Gazette, learned that the government would seek to close the detention hearings and appeared before the magistrate to object. After hearing from the Post-Gazette, the government, and the juveniles, the magistrate closed the detention hearings on the ground that the Act mandates closure of all federal juvenile delinquency proceedings.
Following the detention hearings, the Post-Gazette filed motions to intervene in the two delinquency proceedings, as well as a motion to open the record of the detention hearings and to hold all further proceedings in open court. Tribune-Review Publishing Co., publisher of the Tribune-Review , filed similar motions.
In support of their motions, the newspapers argued that the Act does not mandate closed proceedings and records and that, in any event, the First Amendment requires the district court to make a discretionary determination on the need for confidentiality on a case-by-case basis. The government argued that the Act mandates closed proceedings and records and that the Constitution permits closure. A.D. and T.Y. also argued in favor of closure. The district Judge granted the motions to intervene but denied the motions to open the proceedings and to unseal the records. The newspapers filed this timely appeal.*fn1
Under the Act, persons who violate the laws of the United States before reaching their eighteenth birthday may be subject to federal juvenile delinquency proceedings, provided that proceedings against them begin before their twenty-first birthday. §§ 5031-32. Provision is made for representation by counsel, § 5034, custody prior to Disposition, §§ 5033 & 5035, and speedy trials, § 5036. After a juvenile is adJudged delinquent, a Dispositional hearing is held, and the juvenile may be committed to official detention, placed on probation, or ordered to make restitution. § 5037(a). Observation and study of the juvenile can also be ordered. § 5037(d). Juveniles cannot be jailed with adults, and must be provided adequate facilities, care, and treatment. § 5039. Juveniles suspected of engaging in certain conduct may be subject to criminal prosecution as adults. § 5032.
The Act also contains several confidentiality provisions, which are at issue in this case. The first of these, § 5032, provides in relevant part:
The second disputed provision, § 5038, provides in relevant part:
(a) Throughout and upon completion of the juvenile delinquency proceedings, the records shall be safeguarded from disclosure to unauthorized persons. The records shall be released to the ...