# Justice Manual § 9-5.150: Authorization to Close Judicial Proceedings to Members of the Press and Public

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-5.150

## Section

- **Citation:** Justice Manual § 9-5.150
- **Heading:** Authorization to Close Judicial Proceedings to Members of the Press and Public
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-5.000 - Issues Related To Discovery, Trials, And Other Proceedings / Justice Manual § 9-5.150

## Text

Procedures and standards regarding the closure of judicial proceedings to members of the press and public are set forth in 28 C.F.R. § 50.9. Government attorneys may not move for or consent to the closure of any criminal proceeding without the express prior authorization of the Deputy Attorney General.

There is a strong presumption against closing proceedings, and the Department foresees very few cases in which closure would be warranted. Only when a closed proceeding is plainly essential to the interests of justice should a Government attorney seek authorization from the Deputy Attorney General to move for or consent to closure of a judicial proceeding. Government attorneys should be mindful of the right of the public to attend judicial proceedings and the of the Department's obligation to the fair administration of justice.

Any request for authorization to move for or consent to closure, in addition to setting forth the relevant and procedural background, should include a detailed explanation of the need for closure, addressing each of the factors set forth in 28 C.F.R. § 50.9(c)(1)-(6). In particular, the request should address in detail how an open proceeding will create a substantial likelihood of danger to specified individuals; how ongoing investigations will be jeopardized; or how a person's right to a fair trial will be impaired. The request must also consider reasonable alternatives to closure, such as delaying the proceeding, if possible, until the reasons justifying closure cease to exist. An applicable form is available to Department attorneys.

Whenever authorization to close a judicial proceeding is being sought pursuant to 28 C.F.R. § 50.9 in a case or matter under the supervision of the Criminal Division, the request should be directed to the Policy and Statutory Enforcement Unit, Office of Enforcement Operations. In cases or matters under the supervision of other divisions of the Department of Justice, the appropriate division should be contacted.
rization to close a judicial proceeding is being sought pursuant to 28 C.F.R. § 50.9 in a case or matter under the supervision of the Criminal Division, the request should be directed to the Policy and Statutory Enforcement Unit, Office of Enforcement Operations. In cases or matters under the supervision of other divisions of the Department of Justice, the appropriate division should be contacted.

Because of the vital public interest in open judicial proceedings, every 60 days after termination of any proceeding closed pursuant to 28 C.F.R. § 50.9, Government attorneys must review the records of the proceedings to determine whether the reasons for closure still apply. As soon as the justification for closure ceases to exist, the Government must file an appropriate motion to have the records unsealed. See 28 C.F.R. § 50.9(f). While the Criminal Division monitors compliance with this requirement, it is the affirmative obligation of the U.S. Attorney's Offices to ensure that sealed records are reviewed in accordance with the regulation's requirements. U.S. Attorney's Offices should acknowledge this obligation in any request for authorization to move for or consent to closure.

[updated January 2020]

## Nearby sections

- [Justice Manual § 9-5.001 Policy Regarding Disclosure of Exculpatory and Impeachment Information](https://www.frixlaw.com/law-library/statutes/JM_S9-5.001.md)
- [Justice Manual § 9-5.002 Criminal Discovery](https://www.frixlaw.com/law-library/statutes/JM_S9-5.002.md)
- [Justice Manual § 9-5.003 Criminal Discovery Involving Forensic Evidence and Experts](https://www.frixlaw.com/law-library/statutes/JM_S9-5.003.md)
- [Justice Manual § 9-5.004 Guidance on the Use, Preservation, and Disclosure of Electronic Communications in Federal Criminal Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-5.004.md)
- [Justice Manual § 9-5.100 Policy Regarding the Disclosure to Prosecutors of Potential Impeachment Information Concerning Law Enforcement Agency Witnesses ("Giglio Policy")](https://www.frixlaw.com/law-library/statutes/JM_S9-5.100.md)
- [Justice Manual § 9-5.110 Testimony of FBI Laboratory Examiners](https://www.frixlaw.com/law-library/statutes/JM_S9-5.110.md)
- [Justice Manual § 9-5.150 Authorization to Close Judicial Proceedings to Members of the Press and Public](https://www.frixlaw.com/law-library/statutes/JM_S9-5.150.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-5.150. Check the current official text before relying on it. Not legal advice.