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

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12. The Petitioners have failed to sustain the burden of s’no:;ing that they are entitled to the relief requested in their Petition. . I I I RECOKXE~?DATIO:l . . The Commission, despite its conclusion that Petitioners are not I entitled to the relief which they have requested, nevertheless recommcny4 that the Supreme Court give consideration to anencling Canon 3A(7) and 3 adT?ting Standards of Conduct and Technology so as to permit video and ! I audio coverage of trial court proceedings on an experimental basis for 2 reasonable period of time. A Hemorandum supporting this conclusion is 1 attached hereto Specifically, and hereby incorporated herein. the Commission recommends that the Supreme Court a P should give consideration to amending Canon 3A(7) and adopting Standerds I of Conduct and Technology substantially like those proposed by Petition as Exhibits A and B to their Petition, cations and modifications: subject to the following qualifi- 1. That such expanded coverage be permitted on an experimental basis for two years. I 2. Petitioners, on page 29 of their post-hearing brief, request an amendment to their proposed guidelines in PararraDh l(b) Y . to sermit two . still photographers instead of one. Aside from their assertion that the 1 * experience in the Minnesota Su-7 ,,-eme Court and in these proceedings tes that this change is desirable, there is no evidence to support it. w.. Accordingly-- at least in an experimental period--this change seems unnecessary. 3. Paragraph 6 of the proposed Standards of Conduct and Technolog: s I 3 _.- I I
1 1 I 1 1 1 1 1 covering “Conferences of Counsel” should be amended to read as follows: To protect the attorney-client privilege and the effective right to counsel, there shall be no video or audio pickup or broadcast of conferences which occur in a court between attorneys and their client, co-counsel of a client, opposing counsel, or between counsel and the presiding judge held at the bench. In addition, there shall be no video pickup or broadcast of work papers of such persons. ’ 4. Coverage of parties or witnesses in cases involving child custod divorce, juvenile proceedings, motions to suppress evidence, police infor mants, relocated witnesses, sex crimes, trade secret; and undercover agen should either be categorically prohibited or prohibited on objection by the parties. 5. It is recognized that the categories mentioned in Paragraph 4 1 ~2 overlook other situations requiring special consideration by the presidin judge. In any such situations and in any rulings of the presiding judge adverse to the media in respect to their video or audio coverage of a particular pro’ceedings, any rules or guidelines adopted should provide fo a strong presumption of validity in favor of the judge’s ruling. 6. Trial judges and laGyers, in trial court proceedings where there visual and audio coverage, should be encouraged--or perhaps directed--dur the experimental period to report to the Supreme Court any difficulties o excesses which create special burdens for the presiding judge and special problems in respect to counsel, witnesses, litigants or jurors. Such rep would be valuable for a review process at the end of the experimental per before making a final determination 2s to whether the rules and guideline here recommended should be made permanent, modified or revoked. As previously stated, Commissioner Kaner dissents from these Recommendations and recommends that the Petition be dismissed on the meri -210
Page 1 and 2:
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
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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
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PHYSICAL DISRUPTION CLASSIFICATION
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L.. I i. k. PREJUDICIAL PUBLICITY A
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: I : . SELECTIVE COVERAGE Accordin
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-. PSYCHOLOGICAL IMPACT The evaluat
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-. I i-. 13. 82% of the judges and
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-. ] 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 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 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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