A Santa Cruz county judge closed his court to everyone except the defendant, her attorney, and the prosecutor despite state and federal Supreme Court rulings that courtroom proceedings are public.-DB
KSBW.com
Editorial
March 23, 2009
You might not have known it, but this past week has been “Sunshine Week.” That’s not a reference to the weather; Sunshine Week is a national initiative aimed at ensuring our government and all its branches do business openly and publicly.
In that “light” we can’t help but call attention to a Santa Cruz County judge’s decision on Wednesday in a Watsonville criminal trial. It’s the case of Veva Virgil; she’s accused of killing her three-year-old child, and during Wednesday’s preliminary hearing — that’s the hearing where the judge decides if there’s enough evidence to proceed to trial — the judge closed the courtroom!
Nobody except the defendant, her attorney, and the prosecutor were allowed in the court to witness the hearings. Now to be clear: this isn’t a simple matter of the judge prohibiting cameras from the court. As broadcasters, we are repeatedly mystified by the provincial mindset of judges who think cameras have no place in a courtroom. But that’s another editorial for another day.
In this case, Judge John Salazar has said NOBODY is allowed to witness these hearings. And that should be of grave concern to anybody and everybody who cares about how our government operates.
The Supreme Court of the United States has long recognized the news media’s right to be present as an extension of the public’s right of access. And California’s Supreme Court has ruled– and I quote — “What transpires in the courtroom is public property. There is no special perquisite of the judiciary which enables it to suppress, edit or censor events which transpire in proceedings before it.”
That’s only the beginning of what our company views as a long list of case law which clearly demonstrates Judge Salazar’s decision is more than just wrong for the judicial process, it’s unconstitutional!
On Thursday, KSBW and Hearst Argyle Television filed a formal motion with Judge Salazar to open his courtroom and provide transcripts of what took place during closed-door proceedings.
You can read the full contents of our motion — along with this editorial — on our web site, KSBW.com.
The judicial branch, the third branch of our government, along with the executive and legislative branches, is no less the people’s than the other two. Judge Salazar’s decision cuts to the very core of our Republic and all too easily dismisses the rights of “We the People.”
Copyright KSBW.com 2009