KNOXVILLE, Tennessee — Open-government advocates and TV stations and newspapers from across Tennessee are asking the Tennessee Supreme Court to take several steps to ensure the public can access court hearings in the midst of the COVID-19 pandemic.
WBIR is among TV stations in the state asking the court for help.
The groups submitted a petition Monday in Nashville to the court.
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It calls on the five-member panel to "mandate" that judges and court personnel ensure members of the public, including families of defendants and victims as well as the media, be allowed in courtrooms "to the greatest extent possible."
It also is asking that in the event that can't be accomplished because of space or health concerns, that courts provide public access by video or phone so that the public can observe such matters that may be taking place before a judge.
Lastly, the petition seeks muted video or phone access for the public whenever the courts rely on electronic means to conduct judicial matters such as hearings and report-backs. Many courts in the state have been conducting business remotely by phone or video conference since March.
The Tennessee Supreme Court itself started in May posting its live -- and remotely heard -- sessions on its YouTube channel.
"In these ways, Petitioners submit, the Court can give appropriate guidance to Tennessee courts to honor the public’s Constitutional right of access to our courts," the petition states.
While some courts in the state, including some in Knox County, have accommodated press requests for video or in-person access amid current COVID-19 concerns, it's not formally recognized in most judicial districts across the state.
In other words, there's generally been no stated and explicit recognition that the public has a right to be present. Nor has a means been guaranteed that the public can observe in-court proceedings remotely.
A few districts in Tennessee have recognized that need, but most have not under plans submitted on how they can operate while also taking precautions to avoid the potential spread of the highly contagious virus that has killed more than 300 Tennesseans and more than 100,000 Americans.
Before the virus struck, courtrooms routinely were open to everyone, if they wanted to observe what was happening or if they had a vested interest in a particular case.
Now, under the plans operating in most judicial districts, access is being limited to specific defendants, lawyers and witnesses. There's typically a 10-person limit on how many people can be in a court at any one time.
The Tennessee Coalition for Open Government, WBIR, other TV stations and newspapers such as The News Sentinel, The Oak Ridger, The Tennessean in Nashville and the Chattanooga Times Free Press argue the public has a right to be in the courts when at all possible, even amid the virus crisis.
The Tennessee Association of Criminal Defense Attorneys is part of the petition.
Others signing on include the Associated Press; Reporters Committee for Freedom of the Press; the Middle and East Tennessee chapters of the Society for Professional Journalism; the Tennessee Association of Broadcasters, WRCB-TV in Chattanooga; Nashville Public Radio; WSMV-TV and WTVF-TV in Nashville; the American Civil Liberties Union; and the League of Women Voters of Tennessee.
The judiciary is one of the three branches of government that has continued to operate while the nation tries to defeat the spread of COVID-19.
Jury trials have been delayed from March until at least July because of the virus. Thousands and thousands of court cases have had to be reset as well.