Home Education No Secrets: Loudoun Co. School Board. denies Miyares’ application to bar...

No Secrets: Loudoun Co. School Board. denies Miyares’ application to bar the public from hearing the lawsuit

45
0

The Loudoun County School Board said Virginia Attorney General Jason Miares is making an unconstitutional attempt to exclude the public from Monday’s hearing on a lawsuit to stop a special grand jury from proceeding.

The Loudoun County School Board said Virginia Attorney General Jason Miares is making an unconstitutional attempt to exclude the public from Monday’s hearing on a lawsuit to stop a special grand jury from proceeding.

Miyares convened a special grand jury to examine how the school system handled two sexual assaults by the same high school student last year.

How WTOP first reportedMiyares filed the motion Tuesday, saying opening the hearings to the public would harm the normally secret process of grand jury criminal investigations, arguing that “since the 17th century, grand jury proceedings have been closed to the public.”

However, in a new motion filed Friday, the school board said none of the lawsuits will “disclose any matter subject to grand jury secrecy provisions.”

The school board’s lawsuit said Miyares’ use of the special grand jury was unconstitutional and illegal.

“Grand jury subpoenas submitted as evidence in this proceeding are not subject to confidentiality requirements. Indeed, recipients of such subpoenas are free to disclose them to anyone,” wrote school board attorney Stephen Webster.

Generally, a person subpoenaed to testify before a grand jury is not precluded from immediately publicly disclosing questions they were asked behind closed doors.



There is a school board seeking a temporary injunction to bar further action by the special grand jury. In his own lawsuitthe board said Gov. Glenn Youngkin’s executive order on his first day in office exceeded his legal authority and that the special grand jury selected by Miyares was being used illegally.

If a district court judge decides to keep the hearing open to the public, Miyares said in his June 5 motion that his office would still be bound by secrecy, which would “significantly impair” his ability to make many arguments. That could create a scenario where the judge would have to repeatedly open and close the hearing, Miyares argued.

However, in its motion Friday, the school board said Miares’ “deep view of grand jury secrecy” does not apply to Virginia’s confidentiality requirements and violates the First Amendment.

“Civil hearings are generally open to members of the press and the public, and that openness plays a ‘significant and positive role’ in the functioning of the courts and in public confidence in the judicial system,” Webster wrote, citing previous appeals court rulings.

“Public access promotes confidence in the judicial process, deters judicial abuse, and provides the public with a more comprehensive understanding of the judicial system, including poor perceptions of justice.”

Because the school board’s documents were released Friday, it’s unlikely the judge will rule over the weekend. The judge is likely to consider whether to close the hearing when it begins at 10 a.m. Monday.

Source link

Previous articleTwo-step sequencing approach of 20,000 genes improves prediction of who will benefit from immune checkpoint inhibitors – ScienceDaily
Next articleResearchers develop user-friendly software system for optimizing biological systems — ScienceDaily