Judge Mariani: Open courtroom to virtual access

It shouldn’t take a federal lawsuit to force an Allegheny County judge to abide by the U.S. Constitution.

But, as it stands, that’s what it may take.

A civil rights group has sued Judge Anthony Mariani for denying virtual access to proceedings within his Grant Street courtroom in Downtown Pittsburgh.

It seems Judge Mariani needs a refresher in constitutional law, which clearly presumes the right of public access to legal proceedings. And those responsible for overseeing the proper function of Allegheny County courts should assist him in this matter.

In today’s climate — which is deeply influenced by a deadly pandemic that has resulted in lockdowns and restrictions on public gatherings — remote access is the safest way to give citizens the opportunity to exercise their right to observe the goings-on inside our hallowed courtrooms. The key word here is “our.” Because Judge Mariani’s courtroom isn’t really his courtroom. It is the public’s.

The federal lawsuit contends the judge is violating the U.S. Constitution

by repeatedly denying online access to members of the Abolitionist Law Center’s Court Watch program. It also says he has allowed the public to observe hearings only in person at the courthouse despite an order from county court administration to provide virtual access where possible and to skip in- person proceedings. Other county judges are complying with the protocol.

Judge Mariani, who has offered in-person access to his courtroom, has not commented.

The suit, filed by the American Civil Liberties Union and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center on behalf of the Abolitionist Law Center, argues that public access to courts is a First Amendment right. Of course, they are correct.

It’s difficult to fathom the judge’s thinking. Whatever the rationale, his behavior is not judicious. This situation should not have to wend its way through the federal court system. Judge Mariani should adjust course, either voluntarily or with a push from court administrators and his fellow jurists.