Rule 5:19-2.Confidentiality of Hearing and Records

Last amended September 3, 2002 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:19-2 closes delinquency hearings unless the court finds no substantial likelihood of specific harm to the juvenile, gives victims a right to speak before disposition, and safeguards the records from public inspection.

Full Text of Rule 5:19-2

Text sizeJump to: (a) (b)

(a) Hearing.

(1) The court may upon application by the juvenile or the juvenile's parent or guardian, the prosecutor or any other interested party, including the victim or complainant or members of the news media, permit public attendance during any court proceeding in a delinquency case, where it determines that there is no substantial likelihood of specific harm to the juvenile.

(2) Unless such application is made and granted, every hearing shall be conducted in private with only such persons in attendance as have a direct involvement in the proceeding, except as hereinafter provided. At the judge's discretion, attendance may also be permitted at such private hearing by any person who has an interest in the work of the court, provided, however, that such person shall agree not to record, disclose or publish the names, photographs or other identifying data with respect to any of the participants in the hearing except as expressly authorized by the judge. Upon objection by the juvenile, the juvenile's attorney, or the juvenile's parents, guardian or custodian, any person seeking permission to attend because of interest in the work of the court may be excluded from any hearing involving that juvenile.

(3) The court shall permit a victim or a family member of a victim to make a statement prior to ordering a disposition in any delinquency proceeding involving an offense that would constitute a crime if committed by an adult, subject to a court determination that exigent circumstances exist that require an immediate disposition.

(b) Confidentiality of Records. Social, medical, psychological, legal and other records of the Court, Probation Division and law enforcement agencies pertaining to juveniles charged as delinquents shall be strictly safeguarded from public inspection and shall be made available only pursuant to N.J.S.A. 2A:4A-60 to -62. Any application for such records shall be made by motion to the court.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--R. (1969) 5:9-1(a), 5:10-7. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended and redesignated as paragraphs (a)(1) and (a)(2), new paragraph (a)(3) added, and paragraph (b) amended July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

The presumption is privacy, but it can be displaced. The court may permit public attendance at any proceeding in a delinquency case — on application by the juvenile, a parent or guardian, the prosecutor, or any other interested party including the victim, the complainant, or the news media — where it determines there is no substantial likelihood of specific harm to the juvenile. The test is about harm to this child, not about the public interest in general.

Unless such an application is made and granted, every hearing is conducted in private with only those directly involved present. As elsewhere in Part V, the judge may admit someone with an interest in the work of the court on their agreement not to record, disclose or publish identifying data — and the juvenile, their attorney, or their parents, guardian or custodian may object and have that person excluded.

Victims have a distinct right. The court must permit a victim, or a victim's family member, to make a statement before ordering disposition in any delinquency proceeding involving an offense that would be a crime if committed by an adult — subject only to a determination that exigent circumstances require immediate disposition.

Records of the court, Probation Division and law enforcement agencies pertaining to juveniles charged as delinquents are strictly safeguarded from public inspection and released only as the statutes permit, on motion to the court.

Frequently Asked Questions

Are juvenile delinquency hearings open to the public in New Jersey?

Not by default. Every hearing is conducted in private unless the court, on application, permits public attendance after determining there is no substantial likelihood of specific harm to the juvenile.

Can a victim speak at a juvenile disposition?

Yes. The court shall permit a victim or a family member of a victim to make a statement before ordering disposition in any delinquency proceeding involving an offense that would constitute a crime if committed by an adult, subject to a determination that exigent circumstances require immediate disposition.

Can the press attend?

Members of the news media may apply, and the court may permit attendance where it finds no substantial likelihood of specific harm to the juvenile.

Are juvenile records public?

No. Social, medical, psychological, legal and other records of the court, Probation Division and law enforcement agencies pertaining to juveniles charged as delinquents are strictly safeguarded from public inspection and made available only pursuant to N.J.S.A. 2A:4A-60 to -62.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:19-2). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: closed juvenile hearingjuvenile records confidentialityvictim statementpublic attendancenews media juvenile court