Courts straining to balance public health with public access

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Courts straining to balance public health with public access
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Courts across the U.S. have resumed work after initial shutdowns from the coronavirus outbreak, but the public and defendants’ family members have not always been able to observe their proceedings. Even video links have been hard to access. By DavidALieb

In this June 15, 2020, photo provided by the Supreme Court of Missouri, Supreme Court Clerk Betsy AuBuchon, left, and Chief Justice George W. Draper III watch remote arguments from a video monitor stacked on boxes in the state Supreme Court chambers in Jefferson City, Mo. The chief justice was the only judge in the courtroom. The other six judges and the two attorneys arguing the case all appeared using remote technology because of coronavirus precautions.

The U.S. Constitution guarantees the right to a public trial, but some courts have held arraignments and other pretrial hearings without the public watching or listening. In some cases, the public had no means of participating. In other cases, the defendant’s family members, friends or other interested residents weren’t aware how to gain access to special video feeds.

Brown said she was surprised to be turned away when her 24-year-old-son, Avion Hunter, was arraigned on a felony charge of assaulting a police officer and misdemeanors of rioting, unlawful assembly and resisting arrest during a June 1 protest over the death of George Floyd at the hands of Minneapolis police.“I can understand you don’t want a lot of people in,” Brown told The Associated Press.

It’s unclear exactly how many people have been denied the ability to observe court proceedings, because it’s difficult to track the thousands of local courts across the U.S., said Bill Raftery, a senior analyst at the National Center for State Courts. Some courts, like those in New York City, have declined to post live video feeds on their websites. Instead, as they gradually ramp up proceedings, the city’s courts are allowing a limited number of people to enter courtrooms where they can listen to audio of remote hearings or get a one-time video link to watch on their personal computers or smartphones, said Regan Williams, senior clerk in Manhattan’s criminal court.

In New Orleans, another city that was hit hard by the coronavirus, courts that had been shuttered to the public began holding Zoom proceedings in June.

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