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

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e effective. 5. Court rules or standards in jurisdictions which permit cameras a and audio equipment in the courtroom normally prohibit audio pick-up or audio broadcasting of conferences that occur in the courtroom between attorneys and their clients, co-counsel of a client, opposing counsel or I counsel and the presiding judge held at the bench. The implementation of such prohibition appears to be accomplished either by the judge, court ‘I ‘I I reporter or counsel by turning off a switch or by plicing trust in the 1 ~ . medra for self-compliance. Considering the possibility that these perso may be preoccupied with the conduct o f the trial and may inadvertently overlook the problem, there does not appear to be any absol-*tely 1 fail-sa 1 method of enforcing such a prohibition, although there was no evidence that this has a** ,Lually been a serious problem. I 6. The possibility of lip reading, obtaining video images of work ‘papers or gaining an impression of the tenor of conferences by viewing broadcasts of the video coverage, while recognized, does not seem to hav, R been generally prohibited or restricted. 7. An experiment has been performed in Wisconsin (see Exhibit 17) and studies have been performed in jurisdictions other than Minnesota, 1~ ~ notably Florida and ‘Wisconsin, endeavoring to find out what impact the mere presence of cameras and audio equipment might have on litigants, witnesses, jurors, counsel and judges. The experiment was based on simulated, as opposed to real, trial situations while the studies are based largely on the perceptions of the persons involved which, in some cases at least, appear to reflect preconceived notions or personal prejudices. I I ’ I
8. The Commissioners , petitioners and the opponents of video and audio coverage of trial court proceedings who appeared before the Comis- sion as “Interested Parties” all accept the fact that, where a likelihood exists of a conflict between the rights of a litigant to a fair and public trial and the desire of the media for video and audio coverage of the proceedings, the former must prevail. They also accept the fact that, cn the one hand, the litigants in trial court proceedings do not, per se, have a constitutional right to oppose video or audio coverage of trial court proceedings, and on the other hand, that the media does not have a constitutional right to be admitted into a trial court with video and audio equipment to provide such coverage. 9. The petitioners believe that there have been benefits and other positive reasons in favor of permitting video and audio coverage of trial court proceedings lchich out\
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Patricia Hirl Longstaff Associate G
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In Re Modification of Canon 3A(7) o
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In Michigan, as in the overwhelming
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supervisory responsibility. (See pa
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The report also emphasizes the pivo
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-v 32. CYJ 33.45 8.5% . 3.2% 2.85 2
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I 1 I I a I 8 a a I 1 a 8 I a a I a
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d a. Artorsey . 93 .39 . 3s .a9
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--On most such occasions, the news
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like judjclal decisions, jury verdi
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of this pxpcbrience, I nm lOOX in f
Page 24 and 25:
APPENDIX SURVET SUMARY TABLE OF CA?
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Result D: The presence of the elect
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Table 3 To what extend did the pres
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Not at All Slightly Moderately Very
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1. Too much pretrial publicity. Tab
Page 34 and 35:
Table 12 To what extent did the pre
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C. Attorney Only: Questions and Com
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4. The presence personnel, persons
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Table 9 TO what extent were court p
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12. Believe it to be benficial. 13.
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5. The positioning of the cameras i
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3. The page Commission 3, Rule 7, r
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L L Mailinq: SUMMARY OF EVALUATION
Page 50 and 51: PHYSICAL DISRUPTION CLASSIFICATION
Page 52 and 53: L.. I i. k. PREJUDICIAL PUBLICITY A
Page 54 and 55: : I : . SELECTIVE COVERAGE Accordin
Page 56 and 57: -. PSYCHOLOGICAL IMPACT The evaluat
Page 58 and 59: -. I i-. 13. 82% of the judges and
Page 60 and 61: -. ] i- I I L- 7. 55% of the judges
Page 62 and 63: VI. CONCLUSIONS AND RECOMMENDATIONS
Page 64 and 65: 0 The media's predominant interest
Page 66 and 67: at the forefront of the "cameras in
Page 68 and 69: Clearly, the number of "uneventful"
Page 70 and 71: . It is possible that when measured
Page 72 and 73: The issues involved in the decision
Page 74 and 75: ‘an 306 Townsend Street Lansing,
Page 76 and 77: 1. Still Camera Shutter Noise Obser
Page 78 and 79: jurors are more negative towards EM
Page 80 and 81: ._.,. proceeding and the number of
Page 82 and 83: permanent basis, it is the opinion
Page 84 and 85: Media coverage of judicial proceedi
Page 86 and 87: . tunity to negotiate with the medi
Page 88 and 89: The first group is a vocal minority
Page 90 and 91: function of jurors and demonstrate
Page 92 and 93: The judicial system plays a Special
Page 94 and 95: Minnesota State Bar Association; th
Page 96 and 97: Nancy Reid, reporter, KDLH-TV, Dulu
Page 98 and 99: Commission Rule 3.03 provides that
Page 102 and 103: for reports of important news event
Page 104 and 105: the difficulty in impaneling a jury
Page 106 and 107: witness was very firm in asserting
Page 108 and 109: conducted for the purpose of explor
Page 110 and 111: maintain constraints on the media r
Page 112 and 113: 12. The Petitioners have failed to
Page 114 and 115: and that there be no modification o
Page 116 and 117: inding 010 a verdict and 'he passag
Page 118 and 119: The charge to the jury was somewhat
Page 120 and 121: Chapter 7 CAMERAS IN COURT I. INTRO
Page 122 and 123: 19% REPORT TO THE GOVERNOR AND THE
Page 124 and 125: t i I I i I , ’ _ .b I 1985 REPOR
Page 126 and 127: I- _. FOR IMMEDIATE RELEASE CONTACT
Page 128 and 129: Order Entcrrd: January 13, -1989 87
Page 130 and 131: (d) Media agency representatives sh
Page 132 and 133: 8, 8; I 8, I 8 8 a&-. DEC 7 1988 Mi
Page 134 and 135: \ ANN AROGR. MI NEWS H 0 V-23-88 Co
Page 136 and 137: JVlemoranaur chief JusncT Dorothy c
Page 138 and 139: I I, I I I r- -.. (b) A judge may t
Page 140 and 141: 7. Conferences. There shall be no a
Page 142 and 143: Accordingly, the enclosed bill woul
Page 144 and 145: DICIAL PROCEED?NGS AUDIO-VISUAL COV
Page 146 and 147: 1. Definitions. For purposes of thi
Page 148 and 149: coverage in the time and manner des
Page 150 and 151:
would have an undesirable impact qu
Page 152 and 153:
. ’ . I- proceedings. The chief a
Page 154 and 155:
I I I I I I I I -. I I I I I I I I
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1989-03-24 Comments of Star Tribune.pdf - Minnesota Judicial Branch

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