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Virtual access not right for all situations

Oh, how far we’ve come in this digital age as we move toward total government transparency for everyone.

I have to admit, sometimes I absolutely love the idea of “virtual” or online accessibility! But other times? Not so much.

Warren City Council members last week made great strides toward ensuring transparency and accessibility. Council unanimously approved its intent to return to livestreaming council meetings, thereby allowing residents and taxpayers options to watch their elected officials’ discussions from the comfort of their living room recliner — or while they are on their lunch break at work, or even while they’re waiting for their child’s basketball practice to wrap up.

I can only hope this digital access eventually also will allow residents the chance to engage in public comments remotely, especially for those who can’t get to the meetings in person due to things like time restraints, transportation challenges or physical limitations.

Of course, early in this pandemic, Ohio’s elected officials made emergency changes to Ohio’s open meetings laws temporarily authorizing elected officials to gather remotely to conduct public business in a virtual setting. That law has since expired, leading public bodies to return to in-person gatherings.

But just because all the members of an elected body now must meet in one room to discuss and vote on public business, I see nothing that says these meetings can’t or shouldn’t be kept remotely accessible to residents who choose to watch or even engage in public comments virtually from remote locations.

Let’s face it, many Ohioans and Americans have grown accustomed to virtual options that have made our lives much more convenient and interactive when it comes to everything from our children’s school work to health care visits or even family gatherings.

So why not continue to make our public business just as easily accessible to the taxpayers?

I applaud Warren, and particularly Councilwoman Cheryl Safford, D-6th Ward, for remaining aggressive about this issue. Frankly, I’d like to see every public body adopt similar options.

However, what I’m not so excited about is conducting court hearings virtually.

Now, I’m not talking about brief initial criminal appearances in which a defendant enters an initial plea — usually not guilty — and for a judge to assign bail. Fact is, initial appearances usually last just minutes. For reasons including security and taxpayer expense, video arraignments have been a brilliant addition to our local justice system.

This week, though, a different form of justice will be meted out via video camera.

A visiting judge will hold a full virtual hearing — apparently open to the public as our Constitution requires of most court hearings involving adults — to decide whether a protection order requested by a county employee against her supervisor, an elected Trumbull County official, should remain indefinitely.

Indeed, for so many reasons, the public deserves access to this case.

As I understand, the judge will be in a courtroom in Summit County, where she resides. Court officials expect Commissioner Niki Frenchko and her legal team to be in the office of her attorneys, and the employee, Paula Vivoda-Klotz, to be in the office of her legal team.

As I understand, the virtual hearing will be open for public viewing at the courthouse.

Admittedly, this just seems odd. But I suppose as long as it’s open for public viewing at the courthouse, it is acceptable. But where does it end?

What if judges start considering virtually hosting other types of review hearings?

What about suppression hearings where the possibility of allowable evidence is discussed? How is the evidence displayed and debated?

What about detention hearings where bond or other factors that might influence a defendant’s release are discussed?

I sure hope we never attempt to conduct full trials by desktop remote! That would be a struggle for so many reasons.

As I see it, carrying out justice is difficult enough. Just imagine what can happen when you add in new risks like audio blips, static on the video feed, power outages, wifi failure and so many other concerns.

Yes, I’m all for the conveniences of the digital future. But, let’s not get carried away.

blinert@tribtoday.com

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