ICAP, in partnership with the ACLU of Pennsylvania, represented the Abolitionist Law Center (ALC) in a First Amendment challenge to the exclusionary practices of an Allegheny County judge. During the COVID-19 pandemic, Judge Anthony Mariani conducted criminal court proceedings virtually but prohibited members of the public—including ALC’s court-watchers—from observing the remote sessions. ICAP argued that this policy violated the long-standing constitutional right of public access to criminal trials, asserting that a “virtual courtroom” is still a public courtroom and cannot be shielded from oversight simply because of its digital format.
The litigation achieved a swift, systemic victory for judicial transparency. Shortly after the suit was filed, the President Judge of Pennsylvania’s Fifth Judicial District intervened by issuing a district-wide administrative order that explicitly directed all judges to provide public virtual access to any proceedings conducted remotely, ensuring that the “open courts” mandate was upheld during the public health crisis. Following this clear policy shift, the plaintiffs voluntarily dismissed the lawsuit in June 2021.
