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09/23/87 In Re No Name

September 23, 1987

IN RE NO NAME


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

513 N.E.2d 1185, 160 Ill. App. 3d 613, 112 Ill. Dec. 576 1987.IL.1414

Appeal from the Circuit Court of Iroquois County; the Hon. Dwight McGrew, Judge, presiding.

APPELLATE Judges:

JUSTICE WOMBACHER delivered the opinion of the court. BARRY, P.J., concurs. JUSTICE HEIPLE, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER

This case involves an appeal from orders entered in a juvenile proceeding pending in the circuit court which: (1) prohibited appellant-respondent, The Daily Journal (hereinafter Journal), from publishing the name of a juvenile who was charged in connection with a fatal shooting, and (2) banned the Journal from the courtroom during future hearings in the proceedings unless it agreed to comply with the above-stated order. During the course of challenging these orders in the circuit court, the Journal notified the Attorney General of the State of Illinois, pursuant to Supreme Court Rule 19 (107 Ill. 2d R. 19), of a challenge to the constitutionality of section 1-20(6) of the Juvenile Court Act (Ill. Rev. Stat. 1985, ch. 37, par. 701-20(6)). Thereafter, the Attorney General entered his appearance in the case pursuant to Rule 19 for the limited purpose of defending the constitutionality of the statute in question.

On the evening of January 19, 1987, Jo McCord, a reporter for The Daily Journal of Kankakee, Illinois, attended a Watseka city council meeting, where she discussed a fatal shooting with the police chief of Watseka. A juvenile had been arrested in connection with the shooting, which had occurred two days earlier. The police chief used the name of the juvenile in discussing the matter with McCord and the boy's identity appeared to McCord to be common knowledge among city council members that evening.

On January 20, 1987, the juvenile was taken before the trial court to be charged in connection with the fatal shooting. McCord did not attend the hearing, mistakenly believing that the courtroom was closed to the press. During and after the hearing, she spoke with a probation officer about the boy's family life and about what happened at the hearing. During the conversation the probation officer referred to the boy by his name.

On January 21, 1987, the Journal published McCord's report of the juvenile hearing the previous day, which included the name of the juvenile. On January 28, 1987, McCord attended a second hearing in the juvenile proceedings. At the start of this hearing, the trial court orally ordered the reporters for the news agencies present not to use the name of the juvenile in their reporting of the proceedings held that day.

On January 29, 1987, the Journal published an article on the proceedings which took place on January 28, 1987. The article included the name of the juvenile and reported that the juvenile would be placed in the custody of a juvenile probation officer and would continue to be housed at the Du Page County Youth Home in Wheaton.

On February 11, 1987, the trial court sua sponte entered a second order which banned the Journal from the juvenile proceedings unless it agreed to comply with the orders of the court. In support of the order, the trial court cited section 1-20(6) of the Juvenile Court Act (Ill. Rev. Stat. 1985, ch. 37, par. 701-20(6)).

The Journal then moved to vacate the trial court's orders of February 11, 1987, and January 28, 1987. At the March 26, 1987, hearing on the Journal's motion to vacate, the trial Judge stated that he entered the January 28, 1987, order because he was concerned about threats which had been made against the juvenile. The trial Judge also stated that he entered the February 11, 1987, order as an alternative to a contempt proceeding.

The Illinois Attorney General entered an appearance at the March 26 hearing and argued that section 1 -- 20(6) is a narrowly tailored statute that serves a compelling State interest. At the Conclusion of the hearing the trial court held that section 1 -- 20(6) was not unconstitutional on its face and that the application of the statute in its prior orders was not unconstitutional. The trial court denied the Journal's motion to vacate and allowed its prior order in the matter to stand as the order of the court. On March 30, 1987, the Journal filed its notice of appeal from the trial court's orders.

On appeal, the Journal raises two issues: (1) whether the trial court's orders are unconstitutional because they violated the first amendment right of the Journal to publish information that had already entered the public domain; and (2) whether section 1 -- 20(6) is unconstitutional on its face and as applied by the trial court. Prior to oral argument, the State filed motions to dismiss the Journal's appeal for want of jurisdiction and for failure to file a complete record on appeal. These motions were taken with the appeal. We will first address the preliminary issue of the standing of ...


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