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State Should Either Open Court Or Show Precedings Online

The U.S. Supreme Court will livestream oral arguments in 10 cases in May.

The high court’s decision is not permanent and will likely end when enough has been done to slow the spread of COVID-19 to return the court’s hearings to their prior untelevised status. Still, it is a jarring blow in favor of transparency that Chief Justice John Roberts and his fellow justices will allow technology to bring oral arguments before the court to the masses.

It is also jarring, then, that those who want to observe court cases in New York state have to travel to court and watch the arguments on a monitor. Earlier this month, Janet DiFiore, New York’s chief judge, ordered court matters that are considered essential — such as arraignments, bail appearances and considerations of orders of protection — to be held remotely via platforms such as Skype. On Monday, DiFiore expanded that statewide edict to cover some non-essential matters, such as pretrial conferences. Those who want to observe the matters can’t simply log into the Skype hearing. They have to drive to the courthouse where the hearing is happening and watch via a monitor outside the courtroom.

While the Supreme Court’s decisions affect millions of people, much of the court’s work is actually done via written briefs. Oral arguments are an opportunity for the justices to ask questions that the briefs have brought to their mind and try to get clarity from the attorneys present.

What happens in state courts, meanwhile, directly affects local residents. What happens in state courts directly determines who is out walking in our midst. Coverage of trials and court matters are one way to ensure that justice is done and the rights of both the accused and the public are protected. It borders on ridiculous that a state that wants public meetings conducted via Zoom or Facebook Live can’t figure out a way to televise court proceedings. Actually, the Fourth Department Appellate Division has found a way to do so. Its oral arguments are livestreamed and then archived on the court’s website.

If there is no plan to reopen the state’s courts, then DiFiore should be required to find a way to have court proceedings be open via the internet.

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