Courts straining to balance public health with public access

After her son was arrested for allegedly throwing rocks at police during a protest over racial injustice, Tanisha Brown headed to the courthouse in her California hometown to watch her son's arraignment. She was turned away, told the courthouse was closed to the public because of coronavirus precautions. A day later, the Kern County Superior Court in Bakersfield posted a notice on its website explaining how the public could request special permission from judicial officers to attend court proceedings. But problems with public access have persisted, according to a federal lawsuit filed Friday on behalf of Brown and several others who have been unable to watch court sessions. The situation in Kern County highlights the challenges courts across the U.S. are facing as they try to balance public health protections with public access to their proceedings amid the COVID-19 outbreak. 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. "The courtrooms are supposed to be fully public, anybody who’s interested is supposed to be able to watch, and they have not been doing that,” said Sergio De La Pava, legal director of New York County Defender Services, a nonprofit public defenders office in Manhattan.