Judges and Judiciary,
Covid Court Ops,
9th U.S. Circuit Court of Appeals
May 18, 2022
Public presence important for trials, despite COVID, circuit rules
9th U.S. Circuit Court of Appeals Judge Sandra S. Ikuta, writing for the three-judge panel, opined that the defendant’s Sixth Amendment right to a public trial was violated when the district court barred any member of the public from attending the hearing and only made audio recordings of the trial available.
A new opinion from the 9th U.S. Circuit Court of Appeals could set a constitutional precedent for defendants’ public trial rights in the post-pandemic justice system.
With many California courts still struggling to find an adequate balance of safety and transparency, the circuit panel’s’ unanimous decision on Monday looks to be a breeding ground for future constitutional challenges as America’s institutions figure out how to survive in “the...
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