Can a Tennessee juvenile court judge or clerk announce, without anyone asking, that a teenager was charged with a serious violent crime?

Subject

Opinion No. 13-10, Juvenile Court Files and Records, February 13, 2013

Plain-English summary

The House Democratic leader asked whether a judge, court staff member, or clerk could initiate disclosure of the offenses listed in Tenn. Code Ann. § 37-1-153(b)(2), or whether the statute required someone to make a request before any disclosure could occur. That list, the most serious violent offenses, includes first and second degree murder, rape (all degrees), aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, and especially aggravated kidnapping.

The AG concluded that the statute did not require a prior request. Section 37-1-153(b) said petitions and orders in delinquency proceedings "shall be opened to public inspection and their content subject to disclosure to the public" whenever (1) the juvenile was 14 or older at the time of the alleged act and (2) the alleged conduct, if committed by an adult, would constitute one of the enumerated serious offenses. That mandatory language removed the file's confidentiality and turned the petitions and orders into public records, just like other state, county, and municipal records the Tennessee Public Records Act presumes to be public, as the AG explained citing Friedmann v. Corrections Corp. of America.

Three things matter from the statute's structure. First, the disclosure is statutorily mandated, not discretionary; the statute didn't condition disclosure on a judicial determination that the case met the (b)(1) and (b)(2) requirements. Second, the statute didn't require a "demand or request" before disclosure. Third, the unlock applies only to "petitions and orders." Subsection (c) keeps everything else (medical reports, psychological evaluations, "any other document") confidential, and subsection (d) makes it a criminal contempt offense for a person to intentionally disclose juvenile court files outside the permitted channels.

Putting that together: if the petition or order identified the offense, and the offense fell within the (b)(2) list and the juvenile was 14 or older, the court could announce that offense (or open the file to the public) without anyone asking. The judge or clerk wasn't compelled to do so, but they weren't prohibited either.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Tennessee's juvenile records statute has been amended on multiple occasions to add or adjust the offenses subject to public disclosure and to fine-tune the confidentiality rules. The current list of qualifying offenses in § 37-1-153(b)(2) may differ from the 2013 list, and other subsections (especially around expungement, sealing, and online access) have been revised. Anyone resolving a current question about juvenile records access should pull the current version of § 37-1-153 and check the Tennessee Public Records Act for cross-references.

Background and statutory framework

Section 37-1-153 governs the confidentiality of juvenile court files. The default rule under subsection (a) is that, except for traffic cases under § 37-1-146, juvenile court files are open only to specific insiders: the judge and court professionals; parties and their counsel; agencies with supervision/custody of the child; later criminal-case probation officials needing the file for a presentence report; and, with the court's permission, anyone else with a legitimate interest.

Subsection (b) overrides that default for a narrow but serious category: a juvenile age 14 or older whose alleged conduct, if committed by an adult, would constitute first or second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping. For those cases, "petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public."

Subsection (c) qualifies the (b) opening: if the file "contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential." So even in a (b) case, only the petitions and the orders become public; everything else stays confidential.

Subsection (d) sets the teeth: it is "an offense" for a person to intentionally disclose juvenile court files to the public, punishable as criminal contempt. So if a judge or clerk did disclose a file or detail outside the (b) channel, the (d) criminal contempt provision could apply.

The AG's question was simply whether (b) required the public to ask before the court could disclose, or whether the court could just announce. The statute uses mandatory language ("shall be opened") without conditioning the opening on a request, judicial finding, or any other procedure. So as long as the case fits the (b) criteria, the petition and order are already public. The AG read that as authorizing the judge or clerk to initiate disclosure.

Common questions

What's the practical difference between "files are public" and "files can be disclosed"?

Under Tennessee's Public Records Act framework, a "public record" is one anyone can request to inspect. Disclosure happens when someone actually communicates the record's contents. Section 37-1-153(b) makes the petitions and orders public records (no confidentiality to protect), which means the court can share them without violating confidentiality rules. The AG's specific point was that the court doesn't need to wait for someone to file a formal request before announcing or making the records available.

Does this apply to all juvenile cases?

No, only delinquency proceedings involving a juvenile 14 or older who is alleged to have committed one of the serious offenses listed in subsection (b)(2). For other delinquency cases, the default confidentiality of subsection (a) applies. Juvenile traffic cases under § 37-1-146 are treated separately.

Could a judge announce a juvenile's name on the record?

The statute opens "petitions and orders" to public inspection. The petitions typically identify the juvenile. The opinion didn't separately address publishing the juvenile's name as distinct from making the petitions and orders public, but practically speaking, if the petition is public and the petition names the juvenile, the name comes with it.

What about medical reports, psychological evaluations, or other supporting documents?

Those remain confidential under subsection (c) even in a qualifying (b) case. So a judge in a juvenile murder case can release the petition and order publicly, but cannot release the psychological evaluation or medical records that may also be in the file.

Could a court staff member be prosecuted for disclosing a file outside the (b) channel?

Subsection (d) says intentional disclosure of juvenile court files outside the section's permitted channels is criminal contempt of court. So a staff member who leaked a confidential file (one not within the (b) carveout) could face contempt sanctions. The opinion's conclusion was that disclosure within the (b) carveout was permitted, not that all disclosure is permitted.

Did this opinion mean the public could browse all juvenile delinquency files for serious crimes?

It meant the petitions and orders in qualifying cases were public records. A member of the public could request them, and the court could provide them without confidentiality issues. It did not require courts to publish them proactively, but it allowed the judge or clerk to do so.

Citations

• Tenn. Code Ann. § 37-1-153(a) (default confidentiality of juvenile court files)
• Tenn. Code Ann. § 37-1-153(b) (mandatory opening for serious offenses by juveniles 14+)
• Tenn. Code Ann. § 37-1-153(c) (other documents remain confidential)
• Tenn. Code Ann. § 37-1-153(d) (criminal contempt for intentional unauthorized disclosure)
• Tenn. Code Ann. § 37-1-146 (juvenile traffic offenders, separately treated)
• Friedmann v. Corrections Corp. of America, 310 S.W.3d 366 (Tenn. Ct. App. 2009) (Tennessee Public Records Act baseline of openness)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-010.pdf

Original opinion text

S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202

February 13, 2013

Opinion No. 13-10

Juvenile Court Files and Records

QUESTION

May a judge, member of the court's staff, or clerk initiate disclosure of the offenses enumerated in Tenn. Code Ann. § 37-1-153(b)(2), or is disclosure authorized only upon request?

OPINION

Under Tenn. Code Ann. § 37-1-153(b), a judge, member of the court's staff, or clerk would not be prohibited from initiating disclosure of the offenses listed in (b)(2) if the offenses are identified in the pertinent petitions and orders that are open to public inspection.

ANALYSIS

Tennessee Code Ann. § 37-1-153 governs the confidentiality of court files and records in juvenile cases, and provides, in pertinent part:

(a) Except in cases arising under § 37-1-146 [juvenile traffic offenders], all files and records of the court in a proceeding under this part are open to inspection only by:

(1) The judge, officers and professional staff of the court;

(2) The parties to the proceeding and their counsel and representatives;

(3) A public or private agency or institution providing supervision or having custody of the child under order of the court;

(4) A court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to the proceeding in juvenile court; and

(5) With permission of the court, any other person or agency or institution having a legitimate interest in the proceeding or in the work of the court.

(b) Notwithstanding the provisions of subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if:

(1) The juvenile is fourteen (14) or more years of age at the time of the alleged act; and

(2) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping or especially aggravated kidnapping.

(c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential.

(d)(1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the files and records of the juvenile court, including the child's name and address.

(2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law.

Subsection (b) provides that petitions and orders of the court in a delinquency proceeding that meet the requirements of subsection (b)(1) and (2) "shall be opened to public inspection and their content subject to disclosure." This provision removes the confidentiality of the pertinent petitions and records and their contents and makes them a public record open to public inspection. See Friedmann v Corrections Corp. of America, 310 S.W.3d 366, 376 (Tenn. Ct. App. 2009) (recognizing that Tennessee's Public Records Act makes state, county, and municipal records open to the public unless otherwise provided by state law). The statute does not provide for a judicial determination that the petitions and orders meet the requirements of subsection (b)(2), nor does it require that a demand or request precede the disclosure of the petitions, orders, or their contents. Therefore, if the offense or offenses that are the subject of the delinquency proceeding are identified in the petitions and orders that are a matter of public record and open to inspection, a judge, member of the court's staff, or clerk would not be prohibited from initiating disclosure of those offenses.

ROBERT E. COOPER, JR.
Attorney General and Reporter

WILLIAM E. YOUNG
Solicitor General

ALEXANDER S. RIEGER
Assistant Attorney General

Requested by:

The Honorable Craig Fitzhugh
Democratic Leader
House of Representatives
33 Legislative Plaza
Nashville, Tennessee 37243-0182