header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
March 29
1928 - Little dam victim, thought unidentified & buried in SCV, actually ID'd & buried in Chatsworth [story]
Newhall Cowboys


| Thursday, Mar 26, 2020
Los Angeles County Superior Court
The Stanley Mosk Courthouse of the LA County Superior Court. Los Angeles Superior Court, the largest court in the nation, barred the public from entering the courthouse but has allowed the media to enter, consistent with the governor’s statewide order. (Photo credit: Nathan Solis/CNS).

 

By Maria Dinzeo
(CN) — As California courts shut their doors to the public, First Amendment advocates and press groups are asking the state’s chief justice to ensure that the media can still cover court hearings, which are ongoing, and review new court records, which continue to be filed.

The First Amendment Coalition sent Chief Justice Tani Cantil-Sakauye a letter Wednesday urging her and the Judicial Council, the administrative body for the courts, to advise California’s trial courts on methods for keeping the courts open for press coverage, even as courthouses shut their physical doors to the public.

“First, telephonic hearings must be conducted on conference lines that make some allowance for free public usage. And dial-in information must be readily available to the public in advance of the hearing,” the letter says.

“Second, criminal proceedings, such as arraignments and sentencing, that take place in courtrooms or via video must in some way be open to the public and press,” the letter continues.

“Third, court records must remain publicly available,” the letter says. “Access will come to a screeching halt if clerks’ offices are closed to the public.”

California Supreme Court headquarters in San Francisco. (Photo credit: Coolcaesar/Wikipedia)
The letter goes on to argue that courts should move toward making all records available on their websites.

“If records cannot be made available online, courts should make arrangements for access in some other manner. Moreover, courts should waive any fees for online access at least until normal operations resume.”

Courts are excluded from Governor Gavin Newsom’s March 19 order shutting down all nonessential businesses, as are members of the press. But some restrictions have been necessary to slow the rate of infection in California.

In a letter to presiding judges statewide on March 20, Cantil-Sakauye empowered the courts to suspend all civil trials, prioritize criminal arraignments and restraining orders and eliminate bail to ease the burden of necessary court appearances.

The emergency relief order was limited, however, given the independence of each of the state’s 58 trial courts.

In the following weeks, California’s 58 superior courts trimmed operations drastically, with some closing courtrooms except for emergency hearings. Others vacated or indefinitely postponed all civil proceedings, still others switched to telephonic court hearings only. A number of courts, however, continued to hear criminal matters.

The varied approaches prompted local district attorneys throughout California to write to the chief justice, asking for uniformity. The chief, Cantil-Sakauye, quickly issued an order on March 23 suspending all jury trials statewide for 60 days, citing health regulations that recommend staying six feet away from people.

In the days before and after that order, many superior courts in California closed their doors to the public entirely. Some allowed press reporters to enter, in keeping with Gov. Newsom’s statewide order, while others barred the press along with the public.

Orange County Superior, for example, closed its doors to the public on March 17th and barred the press as well. At the same time, the court was live-streaming a few criminal hearings on its website.

On the civil side, lawyers continue to electronically file civil cases at the Orange County courthouse. But those civil filings are not being docketed by the clerk’s staff. Most of the staff was sent home March 13 for two weeks with full pay but without the ability to work online.

In contrast to many courts in California, Orange County has fought tooth and nail to preserve a docket-before-access policy. As a result, most of those filings cannot be reviewed and remain in effect sealed.

In the county next door, Los Angeles Superior Court, the largest court in the nation, barred the public from entering the courthouse but has allowed the media to enter, consistent with the governor’s statewide order. In addition, new civil filings in Los Angeles continue to be reviewed by the media as soon as they are received, before docketing.

In Northern California, San Mateo Superior Court, for example, receives electronic filings but has not docketed any of them since March 18th, essentially sealing them. The court had earlier refused an online option that would have allowed the press to see publicly filed judicial records before docketing, as is done in Los Angeles and a number of state courts in California.

San Francisco Superior Court, by contrast, is allowing lawyers to drop off their new filings in the lobby, and the staff is docketing those new filings and making them available for review online.

The First Amendment Coalition is asking for consistency within the court policies on public and press access.

“We recognize the severe health crises we all face as a society and applaud your leadership in issuing the March 23 Statewide Order,” the First Amendment Coalition’s letter read. “At the same time, we need to recognize that important civil liberties and constitutional rights should not be unduly restricted. While courts are closing buildings, halting proceedings and holding some hearings telephonically, we are concerned members of the press and public will face insurmountable barriers to access judicial records and proceedings.”

Glen Smith, litigation director for the coalition said in an interview, “The chief justice and the judicial council should remind the courts up and down the state that they need to make some kind of accommodation for public and press access. We don’t have secret court proceedings in this country.”

Most telephonic hearings are conducted through CourtCall, an expensive phone conference system primarily used by attorneys. CourtCall CEO Robert Alvarado said he would temporarily waive fees for reporters trying to call into courtrooms, but many courts have not publicized it as an option.

“We’re just asking for reasonable accommodations. We don’t expect people to jeopardize their health, but if they’re using systems like CourtCall or teleconferencing or video conferencing, that they find ways to make allowances,” Smith said.

The coalition’s letter was co-signed by several chapters of the ACLU and Society of Professional Journalists, along with Californians Aware, the California News Publishers Association, Electronic Frontier Foundation, Informed California Foundation, and Reporters Committee for Freedom of the Press.

Jim Ewert, CNPA General Counsel, said the letter is more of a notice to the Judicial Council and chief justice to keep the free press in mind as the California courts shut their doors but continue to operate.

“We haven’t heard too many horror stories yet but we have heard that there have been difficulties in accessing newly filed complaints in some jurisdictions,” Ewert said. “We’re trying to get out in front of it as the courts are grappling with how they’re going to deal with this, and only the most essential hearings are being held right now. It’s important that the public still be considered in how that process is set up.”

He said courts can post clear notices about how the press and the public can access telephonic hearings.

“We just want to ensure that the process continues to be as open and transparent as it can be in these really difficult times. The Judicial Council, as the administrative arm of the courts, is the appropriate body to make those decisions and make them in a manner as uniform as possible,” Ewert said.

Berkeley Law Dean Erwin Chemerinsky said the presumption should lean toward transparency even in the midst of a public health crisis.

“Obviously, this is an unprecedented situation. But court proceedings and court records should be ‘open.’ The press and the public should be able to ‘attend’ electronic proceedings that they could have attended in person. Put another way, the public health emergency necessitates closing the physical courthouses, but it does not warrant greater secrecy.”

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


LOS ANGELES COUNTY HEADLINES
Thursday, Mar 28, 2024
Los Angeles County Public Works is updating the Los Angeles County Bicycle Master Plan.
Thursday, Mar 28, 2024
Los Angeles County Treasurer and Tax Collector, reminds property owners that the second installment of the 2023-24 Annual Secured Property Taxes becomes  delinquent if not received by 5 p.m. Pacific Time or United States Postal Service postmarked on or before Wednesday, April 10, 2024.
Thursday, Mar 28, 2024
The Los Angeles County Department of Public Health today unveiled the latest L.A. County Health Survey, which gathers vital data on health behaviors, conditions, neighborhood settings, and the needs of L.A .County residents, informing future public health policies and programs.
Wednesday, Mar 27, 2024
The Los Angeles County Department of Public Health cautions residents who are planning to visit the below Los Angeles County beaches to avoid swimming, surfing, and playing in ocean waters:
Tuesday, Mar 26, 2024
Los Angeles County Inspector General Max Huntsman of the Office of Inspector General has issued a report entitled "Tenth Report Back on Implementing Body-Worn Cameras in Los Angeles County."

Keep Up With Our Facebook
Latest Additions to SCVNews.com
1928 - Little dam victim, thought unidentified & buried in SCV, actually ID'd & buried in Chatsworth [story]
Newhall Cowboys
Los Angeles County Public Works is updating the Los Angeles County Bicycle Master Plan.
April 16:  County Bicycle Master Plan Virtual Community Meeting
College of the Canyons mens golf got back on track during its return to conference play on Monday, carding a five-man score of 370 to top the eight-team field at Brookside Golf Course and maintain its unblemished conference mark.
Cougars Win Again, Keep Conference Streak
Los Angeles County Treasurer and Tax Collector, reminds property owners that the second installment of the 2023-24 Annual Secured Property Taxes becomes  delinquent if not received by 5 p.m. Pacific Time or United States Postal Service postmarked on or before Wednesday, April 10, 2024.
County Treasurer Reminds Property Owners of April 10 Due Date
Local nonprofit Fostering Youth Independence is seeking “Allies” to support Santa Clarita youth who are aging out of the L.A. County foster care system.
April 16: FYI Seeks Volunteers To Pair With Local Foster Youth
The Los Angeles County Department of Public Health today unveiled the latest L.A. County Health Survey, which gathers vital data on health behaviors, conditions, neighborhood settings, and the needs of L.A .County residents, informing future public health policies and programs.
Public Health Unveils the 2023 L.A. County Health Survey Findings
Due to the projected rain forecast, Eggstravaganza will now be held indoors at the Canyon Country Community Center beginning promptly at 10 a.m. on March 30.
March 30: Eggstravaganza Now Being Held Indoors at Canyon Country Community Center
To support the mental health of California's young people, the California Department of Public Health awarded $25 million to 28 tribal and community-based organizations across the state.
California Announces $25 Million in Awards for Youth Mental Health
The College of the Canyons Athletic Department will host a dedication ceremony to unveil the Michele Jenkins Softball Team Room in honor of the longtime board member and ardent softball program supporter’s nearly 40 years of service to the district.
April 16: COC to Host Michele Jenkins Team Room Dedication Ceremony
PFLAG Santa Clarita has announced the establishment of the Peggy and Jeff Stabile PFLAG SCV Scholarship. The scholarship will provide financial assistance to LGBTQIA+ students pursuing higher education and committed to advocating for LGBTQIA+ rights and promoting diversity and inclusion.
PFLAG SCV Announces Stabile PFLAG Scholarship
1934 - Bouquet Canyon Reservoir, replacement for ill-fated St. Francis Dam & reservoir, begins to fill with water [story]
Bouquet Reservoir
The California Department of Public Health launched the “Never a Bother” campaign, a youth suicide prevention public awareness and outreach campaign for youth, young adults, and their parents, caregivers, and allies.
California Launches New Youth Suicide Prevention Campaign
The Santa Clarita Master Chorale invites the community to "Let the Sunshine In," a delightful evening of food, wine and song at the annual Cabaret & Cabernet fundraising benefit.
April 20: Santa Clarita Master Chorale’s Cabaret, Cabernet Fundraiser
The Los Angeles County Department of Public Health cautions residents who are planning to visit the below Los Angeles County beaches to avoid swimming, surfing, and playing in ocean waters:
March 27 Ocean Water Warning
As an integral ingredient necessary to help the Santa Clarita Valley to flourish, feedback from the business community is the secret sauce for achieving great things.
SCVEDC Asks For the Business Community’s Opinion on Santa Clarita
Raise your heart rate while raising funds for the Santa Clarita Sister Cities Dollars-for-Desks campaign to provide school desks for students in Sariaya, Santa Clarita's Sister City in the Philippines.
April 13: Sister Cities Zumba-thon Fundraiser
Remo, Inc. is is the world's leading manufacturer and developer of synthetic drumheads and shells. They’ve been in business for 60 years
SCVEDC Company Spotlight: Drumming Up Big Business with Remo, Inc.
California State Assemblywoman Pilar Schiavo (D-Chatsworth) and Assemblyman James Ramos (D-Highland) have introduced AB 3074 the "School or athletic team names: California Racial Mascots Act."
Schiavo Introduces Bill to Prohibit ‘Derogatory’ School Mascot Names
Los Angeles County’s Justice, Care and Opportunities Department  in collaboration with Local Initiatives Support Corporation Los Angeles is proud to announce the 2nd Annual Pitch Competition for the cohorts of JCOD's Incubation Academy.
March 28: JCOD Incubation Academy Helps Grassroots Non-Profits For the Second Year
Children’s Bureau is seeking foster families and now offers two virtual ways for individuals and/or couples to learn how to help children in foster care while reunifying with birth families or how to provide legal permanency by adoption.
April 18: Children’s Bureau Hosts Virtual Orientation
The Sunburst track was constructed in 1887 by the Southern Pacific Railroad and was a part of the main line running between San Francisco and Los Angeles.
Enjoy Spring With a Ride On The Sunburst Track
California State Superintendent of Public Instruction Tony Thurmond hosted a Personal Finance Summit today where he announced his support for Assembly Bill 2927 (McCarty), legislation that would require a personal finance education course for California high school graduation.
State Superintendent Announces Support for Personal Finance Graduation Requirement
1847 - Probable birth date of Pico Canyon oil driller Charles Alexander Mentry [story]
C.A. Mentry
SCVNews.com