Michigan Laws 766.9 – Closure of preliminary examination
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(1) Upon the motion of any party, the examining magistrate may close to members of the general public the preliminary examination of a person charged with criminal sexual conduct in any degree, assault with intent to commit criminal sexual conduct, sodomy, gross indecency, or any other offense involving sexual misconduct if all of the following conditions are met:
(a) The magistrate determines that the need for protection of a victim, a witness, or the defendant outweighs the public’s right of access to the examination.
Terms Used In Michigan Laws 766.9
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Magistrate: means a judge of the district court or a judge of a municipal court. See Michigan Laws 761.1
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The denial of access to the examination is narrowly tailored to accommodate the interest being protected.
(c) The magistrate states on the record the specific reasons for his or her decision to close the examination to members of the general public.
(2) In determining whether closure of the preliminary examination is necessary to protect a victim or witness, the magistrate shall consider all of the following:
(a) The psychological condition of the victim or witness.
(b) The nature of the offense charged against the defendant.
(c) The desire of the victim or witness to have the examination closed to the public.
(3) The magistrate may close a preliminary examination to protect the right of a party to a fair trial only if both of the following apply:
(a) There is a substantial probability that the party’s right to a fair trial will be prejudiced by publicity that closure would prevent.
(b) Reasonable alternatives to closure cannot adequately protect the party’s right to a fair trial.