NCTJ Court Reporting Practice Exam

Which of the following describes a common law exception to open justice?

1. Public interest in trial outcomes

2. National security concerns

3. Public access to all court records

4. Open trials for all defendants

The correct answer is: National security concerns

The selection of national security concerns as a common law exception to open justice is accurate because the principle of open justice, which promotes transparency in legal proceedings, may be overridden in cases where disclosure could compromise national security. Courts may impose restrictions on the public access to certain information presented during trials if it is deemed sensitive or could potentially endanger the safety of the state or its citizens. In situations involving classified information, terrorism, or related threats, the court can limit access to ensure that sensitive details do not become publicly available, thus justifying a departure from the open justice principle. This is a recognized doctrine that aims to balance the need for transparency in the judiciary with the necessity of safeguarding national interests. Other options, like public interest in trial outcomes and public access to all court records, do not constitute exceptions but rather underscore the values of open justice. While open trials for all defendants is generally the norm, it does not apply in cases where exceptions like national security are invoked. Therefore, the significance of national security concerns in limiting public access reflects the delicate balance between transparency and safety within the judicial system.