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The general public shall be excluded and only such persons admitted as have a direct interest in the case or in the work of the court. Section 211.171.6, RSMo. If, however, the child is accused of conduct which, if committed by an adult, would be considered (1) a Class A or B felony, or (2) a Class C felony if the child has previously been formally adjudicated for the commission of two or more unrelated acts which would have been Class A, B or C felonies, if committed by an adult, then the general public shall have access to the proceedings. The statute does not limit public access to a particular hearing but provides access to the entire case such as detention, adjudication, and dispositional hearings. Section 211.171.6, RSMo.; State ex rel. St. Louis Post-Dispatch, L.L.C. v Garvey, 179 S.W.3d 899 (Mo. banc 2005). In a concurring opinion Judge Teitelman emphasized that the Circuit Court retains the discretion to limit public access to proceedings if it is “contrary to the best interest of the juvenile” or if it affects the juvenile’s right to a fair trial. State ex rel. St. Louis Post-Dispatch, 179 S.W.3d at 902.

It should be noted, however, that the language on which juvenile courts have always relied in the past to exclude the general public is only contained in Section 211.171.6, RSMo. Since juvenile courts have previously utilized the exclusionary language in Section 211.171, RSMo, to deny public access to all juvenile proceedings, it follows that language inserted in Section 211.171, RSMo, opening certain juvenile proceedings should apply equally to all hearings, not just to the adjudicatory hearing.

It should be noted that victims of any offense may be admitted to the hearing under the provisions of Section 211.171.8, RSMo. Under this section, victims must be allowed to submit written statements to the court and they must be allowed to appear before the court personally or by counsel for the purpose of making a statement. The victim or counsel may be denied personal appearance only if the court finds that the presence of the victim would not serve justice. The victim's statement must relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim. If the victim has died or is "otherwise unable to appear" as a result of the juvenile offense, a member of the victim's immediate family may appear personally or by counsel to make a statement for the victim. Section 211.171.8, RSMo.

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