SPRING, 1965 - VOL. XVI, NO. 1 21

PUBLICIZING THE JUVENILE COURT: A PUBLIC R.ESPONSIBILITY*

By HON. BYRON 8. CONWAY President, National Council of Juvenile Court Judges

I wish that I could tell you what a thrill i t is for me, as president of The National Council of Juve- nile Court Judges to have this opportunity to talk to you, another group of professional people whose duty and whose purpose is pretty much the same as ours, that is, to improve our communities. I have been a juvenile court judge for fifteen years and for the twenty years prior to that, I practiced law. During the twenty years that I practiced law, I was well acquainted with the reporters on our local newspapers, and I was well acquainted with the editors, and I was well acquainted with all of the courts in my community and in my state, but only twice in those twenty years did I have any contact with a juvenile court.

Let me ask you now, “What do you know about a juvenile court in your own community?’’ When have you last, as a person whose duty it is to be familiar with all of the branches of government and of government operations, paid any attention to your juvenile court? How many of you at this moment could tell me or tell yourselves what the qualifications are for a person to preside in a juve- nile court in your community. Do you know per- sonally about the person who presides in your juve- nile court, that is, his educational background, whether or not he is educated in law, what experi- ence he has had as a lawyer, and generally, whether he is a person who should be presiding in that court? What do you know about the auxilliary services that are offered to your juvenile court? Does the court have probation officers, and social workers, and if so, what are their educational re- quirements? Are they political appointees or are they persons who are required to have minimum education requirements and persons who are re- quired to continue any in-service training? What psychiatric and psychological services are available to your juvenile court?

I would like to tell you now that although the first juvenile court was created here in Cook County, Illinois almost sixty-f ive years ago, and although now there are courts in every county in

* Remarks to the National Editorial Association meeting in Chicago, Illinois, November, 1964.

the United States that have that title, that is, the title of Juvenile Court of Family Court, that even today the juvenile court movement has never been really tried in the United States. It is my personal opinion that one reason this condition exists is that the Press has paid too little attention to the juvenile courts. In spite of sporadic waves of criticism of the secrecy in juvenile court and the accusation that the juvenile court coddles the youngsters that are brought before it, the real problem facing the juve- nile court judges in this country, is not how to keep the reporters out of the courts, but the faat that there is a lack of interest in the juvenile courts by the Press and (because the Press does not have that interest) by the general public. It is not entirely the fault of the Press. To a great extent, i t is also the fault of the persons who have presided in the juvenile court.

The statutes of almost all of the states provide for confidentiality of records and for closed hear- ings in juvenile courts. Many judges have equated confidentiality with secrecy. The statutes of no states contemplate secret or star chamber proceed- ings in juvenile court. The Standard Juvenile Court Act which has been published by the National Coun- cil on Crime and Delinquency, with editorial as- sistance from the National Council of Juvenile Court Judges provides as follows: “The general public shall be excluded, and only such persons shall be admitted who are found by the judge to have a direct interest in the case.” The comment on this provision notes that with reference to persons who have a direct interest in the court, newspaper re- porters are included, and should be permitted, in- deed, encouraged to attend hearings with the under- standing that they will not disclose the names or other identifying data of the participants.

The National Council of Juvenile Court Judges takes the stand that there should be no statutory prohibition circumscribing the news media in any way, but that the relationship between the Press and the courts should be established by both the court and the editor coming to an understanding of what is trying to be accomplished in the juvenile court, and cooperatively seeing that the community

22 JUVENILE COURT JUDGES JOURNAL

understands what is being done, the problems faced by the court, and in that way the community will see that the court obtains the tools with which it needs to properly do its work.

I am quite conscious of the fact that many judges have equated the requirements of confiden- tiality with secrecy so that they could conceal the inadequacy of their own court. In insisting on these secret hearings, as distinguished from private hearings, they have erected upon a foundation of public ignorance a mountain of public indifference to the whole problem of juvenile troubles. If we surround the juvenile court with secrecy, we have swept the problem under the community rug. It is a function of the Press to report to the public on all of the activities of the government, including the courts, so that the public will have the information i t needs to take whatever action is necessary for the common good. I personally feel, and the organiza- tion that I represent here today has repeatedly said, that i t is the duty of the judge himself, through cooperation with the Press to see that the public is informed as to what goes on in juvenile court. It rests on the judge himself to obtain the confidence and the respect of the press, but that, of course, contemplates a Press that is interested in the com- munity good and not sensationalism. I believe we will find that i t will be an exceptional community in which we will find an editor who will not under- stand, if the judge presiding in the juvenile court is a person who commands respect and who is con- scientiously doing his job.

I referred before to sporadic waves of editorial comment demanding that the names of all juveniles who are brought into juvenile court be published. On the level of the debate, these seeming differences between the Press and the courts would seem to be one of the great issues of the century. In actual practice, however, i t proves of little importance. A survey was conducted a few years ago by Paul H. Jess of the State University of Iowa School of Journalism. It showed that in very few instances, four percent, in a sampling of seven hundred and eighty-two items, did the papers exercise their right, when they had the right, to print names. The National Council of Crime and Delinquency Survey of Newspaper Practice in ten non-restrictive states encompassing twenty-five papers in twenty-two cities arrived at the same finding. The conclusion is obvious. Newspapers with the‘legal right to print the names and unhampered by law in printing them, do not make more than occasional use of the privilege.

The National Council of Crime and Delinquency

Survey turned up some other interesting facts, among them the absence of any connection between publication of names and the seriousness of of- fenses. In some instances where the offense was quite serious, the name was not published. In many instances where the offense were relatively minor, they were published. Of six news stories dealing with arson by juveniles, three carried the name and three did not. A close examination of these news stories revealed other inconsistencies, not only among newspapers as a group which should not be surprising, but within each newspaper itself so f a r as discernable policy, o r pattern, or practice is concerned. In Arizona and Georgia which had pre- viously prohibited the publishing of names, the statutes were amended so that newspapers became free to publish names at will. The change in both states was the result of a vigorous editorial cam- paign which asserted that the prohibitory statutes served to encourage delinquency and assured the public that repeal of the statute and enactment of nan-prohibitory law would by widespread persis- tent publication of names of juvenile delinquents, serve as a deterrent. A comparison of delinquency figures, both before and after showed that the in- cidence of delinquency increased in both states after the passage of the law. I hasten to state that I do not mean that the publication of names increased delinquency. In fact, there is no way the publica- tion or non-publication can be proven to be a deter- rent. A general policy of non-publication of names always with the proviso, ‘except as authorized by order of the court’ rests on grounds stronger than statistical evidence. I am quite confident that the suggestion with proviso that names can be pub- lished only with permission of the court can raise the hackles of newspaper editors. I know that any good newspaper operates under the rule that if it is news, i t should be printed, provided, of course, it is within the bounds of good taste.

But if you will become acquainted with the juvenile court and see how it operates and learn the information upon which the judge bases his decision and disposition of the case, information which will include the family history, the situation in which the child is living, his illnesses, his mental condition, and the mental condition of the other members of the family, most intimate kind of in- formation about the youngster himself, members of his family and his associates, information that is given to the judge confidentally, and which, of course, could not be published, at least without taking a great chance on being sued for libel, I think that you can understand that it is logical that

SPRING, 1965 - VOL. XVI, NO. 1 23

the judge should exercise some discretion as to whether or not that name should be published. The judge attempts to know as much as possible about that boy, Your reporter, in gathering cold facts, cannot get that information to lay before you in making that decision as an editor. Let me suggest to you that our problem is not one of irreconciable differences between us. It is a problem which should be resolved.

It should be resolved, indeed, can only be re- solved by men of good will, with the editor and the judge sitting down and coming to an understanding that will result in improvement in the community in which they both have responsibilities. It suffices to say that I know of no competent, responsible juvenile court judge that would not welcome re- porters. I repeat that it is the stand of the National Council of Juvenile Court Judges that newspaper people should be welcome in the juvenile court. Indeed, we want you to come. We want you to cover our cases. We want you to inform the public as to how our juvenile court is being operated.

I believe that the juvenile court should be con- sidered a court that must work with and have cooperation from social agencies. Its first purpose should be only that : A tribunal in which facts may be determined, the rights of individuals protected, and proper dispositions made, in the interest of justice and within the provisions of the laws. Be-

misbehavior, and we often hear that we coddle our children in the juvenile court.

In my own state we have within the last ten years completed two fine new institutions for boys. I do not remember the exact cost but i t runs into several millions of dollars. Both of these institu- tions are now so crowded that it is necessary to release a boy through the back door each time a new boy comes through the front door. It is pro- posed that the next legislature will be asked to appropriate money for a third institution.

I think we should consider whether the answer to the problems of children who misbehave is to build new, bigger, and more expensive institutions. I am very doubtful that that is the answer. I think the answer is to supply the juvenile courts, in the communities, with the services that are needed to really rehabilitate these children in their own com- munity. No juvenile court judge has a crystal ball into which he can gaze to get the right answer. No juvenile court judge has a magic wand he can wave over a youngster and change his attitude toward life. But we have seen most satisfying results in those few communities that supply the juvenile court with a staff of trained social workers with case loads within reason, realistic case loads in which individual caseworkers can expect to give real attention to each individual, with that staff backed up with reasonable psychological resources and reasonable psychiatric advice. We also know

The point I am trying to make is that the juve- nile court by itself cannot, will not, and should not be the agency to cure all juvenile misbehavior. The court is in existence only to hea? and decide those things that come within the jurisdiction of that court. The juvenile courts in this country have taken considerable abuse in recent years because there is an increase in the incidence of juvenile

day; but in many many communities in this coun- try, these people are asked to handle caseloads that exceed one hundred, and in many communities there are no such services at all available to the court. The whole philosophy of the juvenile court is the philosophy of individualized justice: to give to the child the care and attention that that partic- ular child needs. That philosophy cannot be car-

24 JUVENILE COURT JUDGES JOURNAL

ried out unless the community supplies the court with the tools that it needs to do so.

While you are giving attention to the services that are available to the court in your community, i t might be well to give some consideration to the court or the judge himself. What qualifications does your community require of the man who as- sumes the position of juvenile court judge? I said a little while ago that it is a court. Its purpose is to see that the rights of the individuals who come before i t are protected. A person has that obliga- tion should have been trained in the law. It may surprise you to know that in the majority of the states, i t is not even required that the juvenile court judge be trained in the law. I t is not required that he be trained in any way. My state has had the requirement that all judges be lawyers for quite a number of years. Illinois has just adopted such a requirement. Minnesota has done i t recently, but they still have quite a number of judges in Minne- sota who are not lawyers. The same in true in Michigan.

In almost all of the states, the juvenile court is an inferior court and except in metropolitan com- munities, the juvenile court jurisdiction is added to the dyges of some magistrate or some other in- ferior court. I cannot believe that the American people really believe that the question of delin- quency among youngsters is of so little importance that it does not deserve the same type of attention as is given to automobile accidents or actions con- cerning property. Perhaps I should say, I know the American people do not give a thought to i t at all. But I also know that if this matter was brought to their attention, a different attitude would pre-

vail. The juvenile court idea will only be tried in this county when the people are aware of the de- ficiencies in services and in personnel in the juve- nile court. They can be made aware of these facts if the Press will do it. Let me suggest that you get acquainted with your juvenile court in your own community and also find what is happening in some of the more progressive communities. Come in and watch the juvenile court work. See what it needs. See that the man presiding in that court is the man that should be there. Then go out and inform the people of your community of what you have seen and what you know is necessary if your community is going to be the community that both you and I and judges and the Press everywhere want to see and a great deal can be accomplished.

I also said earlier that the duty of juvenile court is not to try to change all juvenile behavior in the community. As a matter of fact, that’s not going to be changed particularly until we change our moral values, change adult behavior, and change our at- titudes entirely. Children are not leaders. They are followers. They reflect the attitudes of the adult population of the community in which they live. There is a whole broad field in which the people in professional journalism could do tre- mendous work. toward changing the attitude of America, to bring the home back where i t should be, to see that our schools are given the services they need. Juvenile misbehavior is going to be curbed only when the entire attitude of our community is changed. The courts will do their job in working toward rehabilitation of the individual who hap- pens to come before the court. The profession of journalism must lend a hand.

“Private benificence is totally inadequate to deal with vast numbers of the

Jane Addams, Twenty Years at Hull House 1.i ty’s disinherited.”