State v. Pittenger

Summary

The North Dakota Supreme Court reversed Alexander Pittenger’s criminal judgment for corruption or solicitation of a minor. The court held that closing the courtroom during the juvenile complaining witness’s testimony, without conducting the required analysis, findings, or consideration of alternatives, violated the constitutional right to a public trial and constituted structural error requiring automatic reversal.

Holdings

1. A trial court may not close a courtroom to the public without conducting the required analysis, including consideration of the overriding interest asserted, the scope of the closure, reasonable alternatives, and findings adequate to support the closure.
2. Denial of the right to a public trial without proper analysis is structural error requiring automatic reversal of the criminal judgment.

Questions Presented

1. Whether the district court's closure of the courtroom during the complaining witness's testimony violated Pittenger's constitutional right to a public trial.
2. Whether the courtroom closure constituted structural error requiring automatic reversal of the criminal judgment.

Disposition

reversed