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1989-03-24 Comments of Star Tribune.pdf - Minnesota Judicial Branch

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e effective.<br />

5. Court rules or standards in jurisdictions which permit cameras a<br />

and audio equipment in the courtroom normally prohibit audio pick-up or<br />

audio broadcasting <strong>of</strong> conferences that occur in the courtroom between<br />

attorneys and their clients, co-counsel <strong>of</strong> a client, opposing counsel or I<br />

counsel and the presiding judge held at the bench.<br />

The implementation<br />

<strong>of</strong> such prohibition appears to be accomplished either by the judge,<br />

court<br />

‘I<br />

‘I<br />

I<br />

reporter or counsel by turning <strong>of</strong>f a switch or by plicing trust in the 1 ~<br />

.<br />

medra for self-compliance. Considering the possibility that these perso<br />

may be preoccupied with the conduct o f the trial and may inadvertently<br />

overlook the problem, there does not appear to be any absol-*tely<br />

1<br />

fail-sa 1<br />

method <strong>of</strong> enforcing such a prohibition, although there was no evidence<br />

that this has a** ,Lually been a serious problem. I<br />

6. The possibility <strong>of</strong> lip reading, obtaining video images <strong>of</strong> work<br />

‘papers or gaining an impression <strong>of</strong> the tenor <strong>of</strong> conferences by viewing<br />

broadcasts <strong>of</strong> the video coverage, while recognized, does not seem to hav, R<br />

been generally prohibited or restricted.<br />

7. An experiment has been performed in Wisconsin (see Exhibit 17)<br />

and studies have been performed in jurisdictions other than <strong>Minnesota</strong>, 1~ ~<br />

notably Florida and ‘Wisconsin, endeavoring to find out what impact the<br />

mere presence <strong>of</strong> cameras and audio equipment might have on litigants,<br />

witnesses, jurors, counsel and judges. The experiment was based on<br />

simulated, as opposed to real, trial situations while the studies are<br />

based largely on the perceptions <strong>of</strong> the persons involved which, in some<br />

cases at least, appear to reflect preconceived notions or personal<br />

prejudices.<br />

I<br />

I<br />

’ I

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