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

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for reports of important news events. The media claims an obligation to fulfill the public’s expectations in this regard. 10. Commercial video and audio coverage has generally been confined , ‘I to a very few minutes or even seconds on regularly scheduled news prograil: Ir The video coverage may include some direct audio reporting of the procee ings, but there is still some summarization, and at times editorializatio: by media newscasters which ’ s usually necessary because of the format 2~. I time constraints of current normal news reporting. The portions of the proceedings televised and the portion given direct audio coverage are, of course, selected solely by the rzdia. Coverage of the CommS ssion’s own proceedings as viewed by the Commission members substantiates these findings. So-called “gavel to gavel” coverage of trial court proceedin- 3 r has been provided in a few situations over public (as opposed to commerc television. 11. Opponents of video and audio coverage of trial court proceeding I testified that, unlike judges and attorneys who operate within legal constraints and under canons of legal conduct, the media operates under the protective umbrella of the First Amendment, and in respect to constr only within the laws of libel and slander and the media’s own concept of what is netlsworthy, in good taste, or not likely to unduly affect the I sensibilities of individuals. They believe that the media, in deciding what to cover, $.s much more concerned with the sensational, the frecuenclp . prurient interests of the public and with what ~211 perhaps improve the 1 ratings of one television station or radio station as compared to its competitors. I i I I I I 1 I I
I I I I I I I I I I I I I I I I 12. The representatives of the media who testified before the Commission spoke very positively and with every appearance of sincerity about their sense of public responsibility and the conduct that can be expected of them in connection with courtroom proceedings. They asserted that they have grown in “maturity” since earlier trials such as the Hauptmann, Sheppard and Estes cases and that they are for the most part responsible people. They appear to recognize an obligation of self- discipline and assert that rules and guidelines such 3s those proposed by the Petitioners would give the presiding judge adequate authority to prevent excesses, maintain proper decorum and provide adequate protectLcn to the participants in the courtroom proceedings. Eieverthe: Lss, rather strong evidence of real lapses in good taste and in concern for the sensibilities of individuals was brought to the attention of the Co~.issLon including specific evidence of rather poor taste directed against the presiding judge when rulings adverse to the medLa were made by him. 13. Opponents of television and audio coverage of trial court proceedings incltlding those who filed statements with the Commission, those who appeared in person as “Interested ?arties” and witnesses invited by such interested parties expressed sincere and earnest concern that the presence of television and audio equipment in the courtroom and the kno:
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Patricia Hirl Longstaff Associate G
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In Re Modification of Canon 3A(7) o
Page 5 and 6:
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 100 and 101: e effective. 5. Court rules or stan
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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