Pennsylvania courts operate on the presumption that documents and proceedings are open to the public except in very limited circumstances. That's why, for example, when a citizen is cited for running a red light, the violation is a matter of public record, as much as that driver might want to prevent her auto insurance company from knowing about it.
The same rules that apply to a simple moving violation apply when things get much more complicated, as they have in the county grand jury investigation and recent charges against state Sen. Jane Orie and her claims that District Attorney Stephen A. Zappala Jr. is engaging in a personal vendetta.
In February, Ms. Orie's attorney asked Common Pleas Judge John Zottola to disqualify Mr. Zappala from investigating the McCandless senator and to get back all the records seized from her office. His motions didn't step on any secrecy provisions that bind prosecutors who are conducting a grand jury investigation. It was about the district attorney's authority.
Citizens have the right to question authority, and the public deserves to know how courts handle such allegations. But it's impossible to tell from looking at the public docket just what happened to the motions filed by defense attorney Jerry McDevitt, and when a Post-Gazette reporter tried to get a look at the documents, they were withheld. On Thursday, Judge Zottola then retroactively sealed all the records related to Ms. Orie's requests, including information that already had been publicized.
None of this goes to the substance of the senator's request. We're not suggesting that she's right or that the district attorney doesn't have jurisdiction to investigate the activities of a sitting elected state officeholder. But the public must be able to see what's going on. Our state court system is not a star chamber where proceedings are conducted in secrecy.
We've already said we believe Ms. Orie owes the citizens of Pennsylvania a full explanation as she defends herself against criminal charges. Likewise, the court system owes as full and open a record as possible in this important matter.
First Published: April 10, 2010, 4:00 a.m.
