Tacoma News, Inc. v. Cayce

A reporter from the News Tribune newspaper sought access to the deposition of a material witness in a criminal trial. The deposition took place in a courtroom with the judge present. Without engaging in an inquiry into the factors pursuant to "Seattle Times Co. v. Ishikawa," the trial court closed the courtroom on the ground that depositions are not open to the public. The deposition was not introduced at trial and did not become part of the court's decision making process. The News Tribune sought a writ of mandamus to compel the production of the transcript and videotape of the deposition, arguing that it had the right to attend the deposition under the Washington State Constitution and the First Amendment to the federal constitution. Under the circumstances of this case, the Supreme Court concluded that neither the state or federal constitution was violated by the trial court's ruling that the deposition proceeding was not open to the public: "The News Tribune's claim that the location and presence of the judge turned the deposition into a 'hearing' to which the open courts protections apply" was incorrect. Accordingly, the Court denied the News Tribune's application for a writ of mandamus. View "Tacoma News, Inc. v. Cayce" on Justia Law