Q: can a local citizen be denied/banned to access of the courthouse without a due process hearing?
On two separate occasions, in my wife's capitol murder trial the same bailiff has ordered me to leave the courtroom. Once for having a cell phone that was not turned on in my pocket. And, the latest at a district court Arraignment, where the bailiff accused me of talking with my wife. The second, having resulted in the bailiff physically pushing me in the courtroom, out the door all the way to my car. Upon reaching the car, said bailiff, in a very swift manner, went for his gun, leading me to believe I was about to be injured. Nearly one month later, the same bailiff, stopped me from gaining access to the county law library, and the court clerks's office to review my wife's case file under the Oklahoma open Records act. I was not given any type due process hearing, to defend myself from either instances. I always thought that a citizen could freely exercise his constitutional right under the 1st Amendment, without being harassed, threatened, punished in any form.
A: It would certainly appear that the bailiff is out of line. I would suggest that you try to schedule an appointment with the Judge handling the case you are interested in to help resolve the issue. Failing that, you may want to contact the ACLU in OKC and see if they can help you.
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