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rights and that closure would protect those rights.
Judge’s Duty
Luke maintains that the procedures for closure established by the Virginia Supreme Court in Richmond Newspapers v. Commonwealth are not discretionary, that it is the duty of the trial judge to see that these procedures are properly followed. He argues that if the Supreme Court Justices believe Horne failed to abide by those procedures, “then undeniably the constitutional right of access (of Arundel Communications) has been abbridged.” If the Supreme Court so finds, “it would then be the clear right of the Petitioner to be given immediate access.”
The legal remedy available to the newspaper is an appeal and an appeal has
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