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                         RULE 8.10
             CLOSURE OF PROCEEDINGS AND SEALING
                         OF RECORDS

    (a) Proceedings and Records To Be Open. Court proceedings shall be open
to the public, and court records denominated public records under ARLJ 9
shall be available for public inspection, unless the court orders closure
or sealing, or other restrictions, pursuant to this rule.
    (b) Grounds for Closure or Sealing Before Charges Filed. Before charges
are filed, the court may order proceedings closed or records sealed only
upon a showing that
    (1) There is a likelihood of jeopardy to an accused's right to a fair
trial; or
    (2) There exists a substantial threat to effective law enforcement; or
    (3) There exists a substantial threat to the privacy or safety of an
individual; or
    (4) For other good cause shown; and that there are no less restrictive
means available to protect the interest threatened.
    (c)  Grounds for Closure or Sealing After Charges Filed. After charges
are filed, the court may order proceedings closed or records sealed only
upon a showing that
    (1) There is a substantial probability of jeopardy to an accused's
right to a fair trial; or
    (2) There exists a serious and imminent threat to effective law
enforcement; or
    (3) There exists a serious and imminent threat to the privacy or safety
of an individual; or
    (4) For other good cause shown; and that there are no less restrictive
means available to protect the interest threatened.
    (d) Determination. Upon motion and supporting affidavit, the court
shall determine whether a proceeding should be closed or records sealed.
    (1) The proponent shall state the grounds for the motion with
reasonable specificity, consistent with the protection of the interest
threatened. Any person present when the motion is made shall be given an
opportunity to object to the proposed restriction.
    (2) If the motion is made upon grounds set forth in (b)(1) or (c)(1),
any person objecting to closure or sealing shall have the burden of
suggesting effective alternatives. Otherwise, the proponent shall have the
burden of showing that restrictions are necessary.
    (e) Order of Closure or Sealing. Upon determining that a proceeding
should be closed or records sealed, the court shall promptly thereafter
prepare
    (1) A transcript of any in camera proceedings; and
    (2) An order of closure or sealing; and
    (3) Written findings of fact and conclusions of law setting forth with
specificity the courts consideration of the issues, including alternative
methods suggested. If the order involves the sealing of records, it shall
apply for a specific time period and require the proponent to come before
the court at a time specified in the order to justify continued sealing.
    (f) Other Order. If the court determines that there exists an
alternative less restrictive than closure or sealing which will protect the
threatened interest, it may issue an appropriate order and shall thereafter
prepare the documents specified in section (e).
    (g) Exclusion of Witness. This rule shall not apply to circumstances
governed by ER 615.
    (h) Discovery. This rule shall not apply to discovery procedures
governed by rule 4.7.
    (i) Disclosure Procedure. Reserved. See ARLJ 9.
	

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