In Re: 2014 Allegheny County, Appeal of: WPXI

In 2015, WPXI, Inc. (a television news station) was investigating allegations of improper relationships between several teachers and students at the high school in the Plum Borough School District. In connection with this inquiry, WPXI filed a motion to intervene in the proceedings of the 2014 Allegheny County Investigating Grand Jury to gain access to unsealed documents, specifically, a search warrant and a related court order. In the motion, WPXI relied upon decisions concerning the common law right of access to public judicial records. The grand jury supervising judge denied relief on the motion, reasoning the general presumption that judicial records were open to the public, this presumption did not extend to grand jury proceedings. In the course of her opinion, the supervising judge commented that “an individual who accepted a grand jury subpoena may have provided one media outlet with a copy of [the search warrant].” WPXI appealed, which was dismissed by a panel of the Superior Court upon its sua sponte invocation of the mootness doctrine. WPXI argues that public disclosure of judicial records does not moot a request for access from an official source. The Commonwealth, as appellee, concurs with WPXI that the issues raised on appeal in the Superior Court were not moot. The Pennsylvania Supreme Court found the Superior Court acted on insufficient information to support a sua sponte mootness determination and, accordingly, should have proceeded to the merits. View "In Re: 2014 Allegheny County, Appeal of: WPXI" on Justia Law