If Armstrong County’s district judges are considering kicking the public out of a judicial proceeding, they must follow certain steps and give the people — and the press — a chance to object, the county’s top judge decreed Tuesday.
Armstrong County Common Pleas Court President Judge Kenneth G. Valasek on Tuesday issued a memorandum reminding his subordinates that Pennsylvania’s courts are presumed to be open to the public and set forth a protocol for how they should handle requests to close judicial proceedings.
Judge Valasek drafted the documents in response to complaints raised by the Pittsburgh Post-Gazette and WPXI-TV after District Judge James H. Owen closed the preliminary arraignment of homicide suspect and jail escapee Robert E. Crissman Jr.
Crissman was arrested July 31, a day after police say he escaped from the Armstrong County Jail and killed Rayburn resident Tammy Long, 55. Within hours of Crissman’s arrest, he was arraigned in secret at the Pennsylvania State Police barracks in Kittanning, where troopers barred reporters access to the judicial proceeding over their objections.
“For reasons that are not yet clear, members of the public and the press were excluded from the preliminary arraignment proceeding …” the judge wrote in his administrative memorandum. “There is a presumption of openness in the Commonwealth of Pennsylvania with regard to all court proceedings.”
State police said the ranking trooper at the barracks consulted with prosecutors and Judge Owen before denying reporters access to the arraignment. District Attorney Scott Andreassi said Tuesday he did not advocate closing the proceeding.
“I received a phone call from the state police. They asked for my input. My input was very simple. It’s Judge Owen’s courtroom, and whatever he decides, he decides. We did not ask for it to be closed, nor would we ask for it to be closed,” Mr. Andreassi said. “Quite honestly, we had no part to play in that decision-making.”
The Post-Gazette went to court Friday to ensure the press’s right of access to criminal proceedings in Armstrong County. The district attorney, public defender and state police were all notified of the newspaper’s efforts; none objected. A petition to intervene and motion to open judicial proceedings were presented to Judge Valasek.
After a brief discussion in open court with Post-Gazette attorney Ellis Kunka, Judge Valasek invited Mr. Kunka and this reporter into his chambers to discuss the issue.
The judge shared draft copies of the protocol and memo to the county’s district judges. The paperwork provided guidance on closing judicial proceedings in the county, how to handle any objections from the public and media, and what to consider when deciding whether to exclude the public.
Judge Valasek asked the Post-Gazette to review the protocol and memo and offer suggestions on improving them; Mr. Kunka and this reporter went to the courthouse’s law library to discuss the documents. Mr. Kunka then presented the judge with his suggested refinements, some of which were incorporated into the final version.
Mr. Andreassi, apprised Tuesday that the judge had put out a memo, said, “I found it odd he took counsel for the newspaper back into chambers … I thought it was ironic given the reason we were all sitting there.”
Judge Valasek granted the newspaper’s petition to intervene in what he described as a “substantial issue of public concern.” However, the judge denied as moot the Post-Gazette’s motion to open judicial proceedings to the public, opting instead to issue the memorandum and protocol.
Both documents are timely because Crissman faces a preliminary hearing today at 1 p.m. on the various charges against him. Although the hearing is scheduled to take place at the courthouse, Judge Owen will again preside.
“… This Court will instruct all magisterial district judges in this judicial district to comply with what is already black-letter Pennsylvania law regarding the openness of court proceedings,” Judge Valasek wrote. “The Court also will direct that magisterial district judges follow a specific and finely tailored protocol that provides the public generally, and the press specifically, with notice and an opportunity to be heard before the closure of any judicial proceeding is ordered.”
Judge Valasek instructed the county’s district judges to read three pertinent court cases. He provided eight steps that district judges must undertake when decided on a request to exclude the public from a court proceeding. The judge also noted that the presumption of openness applies to both district and Common Pleas courts and all manner of proceedings — pretrial, trial and post-trial.
“This simply means that, unless compelling reasons to the contrary are present, the public generally should be provided access to such proceedings,” Judge Valasek wrote.
Jonathan D. Silver: jsilver@post-gazette.com, 412-263-1962 or on Twitter @jsilverpg.
First Published: August 11, 2015, 7:32 p.m.
Updated: August 12, 2015, 3:37 a.m.
