Does a judge have the power to exclude the public from a public trial?

"New York", United States of America

The following excerpt is from People v. Hagan, 24 N.Y.2d 395, 248 N.E.2d 588, 300 N.Y.S.2d 835 (N.Y. 1969):

In a similar direction is United States ex rel. Orlando v. Fay, 350 F.2d 967 (2d Cir.) where it was held that the constitutional right to a public trial is subject to the power of the Judge to preserve the fairness and orderliness of the proceedings in the court.

The landmark New York case on this question is People v. Jelke, 308 N.Y. 56, 123 N.E.2d 769, 48 A.L.R.2d 1425. It is distinguishable. The public and press were excluded throughout the whole of the People's case. The exclusion had nothing to do with the conduct of the trial or the protection or integrity of the judicial process itself. It was aimed at protecting the public from hearing or reading about the details of a sordid case of offensive obscenity (pp. 60--61, 123 N.E.2d pp. 770--771).

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