(Motion to Exclude Public) setting forth the procedure and standard for excluding

the public from pretrial hearings is based on Minneapolis Star and Tribune Co. v. Kammeyer, 341 N.W.2d 550 (Minn. 1983). For a defendant an overriding interest includes interference with the defendant's right to a fair trial by reason of the dissemination of evidence or argument presented at the hearing. As to the sufficiency of the alleged overriding interest to justify closure of the hearing see Waller v. Georgia, 467 U.S. 39 (1984) (Closure of suppression hearing over the defendant's objection), Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) (Closure of voir dire proceedings), and Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982) (Closure of courtroom when the minor victim of a sex offense testifies). This determination would include the situation in which the news media agreed not to disseminate these matters until completion of the trial. The provision for appellate review is intended to give the defendant, as well as any person aggrieved, standing to seek immediate review of the court's ruling on exclusion. This rule does not interfere with the power of the court in any pretrial hearing to caution those present that dissemination of certain information by means of public communication may jeopardize the right to a fair trial by an impartial jury. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 120 MINNESOTA COURT RULES The procedure in Rule 25.03 is based upon Minneapolis Star and Tribune Co. v. Kammeyer, 341 N.W.2d 550 (Minn. 1983) and Northwest Publications, Inc. v. Anderson, 259 N.W.2d 254 (Minn. 1977). Rule 25.03 governs only the restriction of access to public records concerning a criminal case. It does not authorize the court under any circumstances to prohibit the news media from broadcasting or publishing any information in their possession relating to a criminal case. Possible alternatives to a restrictive order indicated in Rule 25.03, subd. 3(b) are the following: (1) a continuance or change of venue under Rule 25.02; (2) sequestration of jurors on voir dire under Rule 26.02, subd. 4(2)(b); (3) regulation of use of the courtroom under Rule 26.03, subd. 3; (4) sequestration of jury under Rule 26.03, subd. 5(1); (5) exclusion of the public from hearings or arguments outside of the presence of the jury under Rule 26.03, subd. 6; (6) cautioning or ordering parties, witnesses, jurors, and judicial employees and sequestration of witnesses under Rule 26.03, subds. 7 and 8; (7) admonitions to jurors about exposure to prejudicial material under Rule 26.03, subd. 9.