U.S Supreme Court rules that right to public trial extends to jury selection.

In reviewing recent Supreme Court decision, it was noticed that On January 19, 2010, the United States Supreme Court ruled in Presley v. Georgia that the defendant's Sixth Amendment right to a public trial extends to the Jury Selection process. See: Http://www.supremecourtus.gov/opinions/09pdf/09-5270.pdf

The Court's decision in and of itself was interesting to those of us who defend citizens who are accused of crimes. However, it was particularly interesting to note the date of the decision as it was issued approximately one week after the Sedgwick County District Court had excluded the public from part of the jury selection in the trial of Scott Roeder who was later convicted of killing late term abortionist George Tiller.

While the Supreme Court did leave some leeway for the limitation of the right to a public trial during voire dire under certain circumstances the court specifically found that such circumstances would be rare and noted the need for care in balancing the interest in closing the proceedings against the right to a public trial.

The High Court's decision suggests a potential appeal issue for Mr. Roeder and the possibility of a new trial if it is determined that the trial court failed to properly balance the right to a public trial against those interests which motivated the closure of the proceedings.

The Court's ruling is also of particular interest to those who proceed to trial in smaller jurisdictions where the size of the court rooms may routinely result in the exclusion of the public during the jury selection process.