HARRISBURG -- The state Supreme Court ruled yesterday that jurors' names should be made public -- but not in all cases -- and that there is no constitutional right to learn their addresses.
The 5-0 decision overturned a Westmoreland County judge who had withheld the names of the jurors who convicted a podiatrist of suffocating his wife.
"Disclosing jurors' names furthers the objective of a fair trial to the defendant and gives assurances of fairness to society as a whole," wrote Chief Justice Ralph Cappy. "But the average citizens' concern that the media will be camped out on their front lawn and fear of physical harm can be alleviated."
The court said judges can seal the names of jurors if they make on-the-record findings that it would "preserve higher values" -- juror safety or jury tampering, for example.
In the 2003 trial of Karl G. Long, Judge Cappy wrote, the judge was motivated by unsubstantiated concerns for the jurors' privacy that did not meet the newly articulated standard. Superior Court had upheld the county judge's decision, saying the public's right of access was satisfied by providing a qualified right to attend court proceedings.
The Tribune-Review Publishing Co. and WPXI Inc. appealed the decision. The Supreme Court said it decided the matter because of the case's public-policy importance, even though the paper was able to ascertain the jurors' names from payroll records.
"General concerns for harassment or invasion of privacy would exist in almost any criminal trial," Judge Cappy wrote. "The closure must be supported by specific findings demonstrating that there is a substantial probability that an important right will be prejudiced by publicity and that reasonable alternatives to closure cannot adequately protect the right."
Disclosure of jurors' addresses, however, could make it harder to find willing jurors because of the prospect of media harassment and concerns about potential physical harm resulting from service in a criminal trial, Judge Cappy wrote.
Walter P. DeForest, the station's attorney, said getting access to the names was more critical than learning jurors' addresses.
"There should be appropriate justification before there would be withholding of any names, and we believe the Supreme Court has recognized that, and we're quite pleased," Mr. DeForest said.
Mr. Long, 48, was convicted in August 2003 of third-degree murder and is serving a five- to 10-year sentence at the Mercer State Prison.
