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

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a&-. DEC 7 1988 Michigan Supreme Court
ichigan Courts In The News
KALAMAZOO. MI
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HOV-23-88
JUDY DAUB- ,
ASWCIATEO PRES WRrnR
LANSING - Counnmms in all 83 Michigan
counries should be opened to journalists’ cam-
.tbem.
Only 63 of the 174 requests for the expanded
media coverage were approved under those
guidelines. according 10 a report presented to
get a bold of and sell papers,” she said.
But Sullivan said ample evidence existed in
other states that cameras in the counrooms
don’t disrupt proceedings in those types of
eras and tape record- a committee
Michigan Supreme Court recommends.
of tbe the committee.
On June 20, tbc court changed lhc guidelines
cases. He said that only six stales donl allow
any type of expanded media coverage
The Camerai in ‘the Mntrwm Cummittee in live counties. making access to ~rtrootns
voted 9-l Tuaday lo W the lugh court to
make permaneot an aperimwtthatbasoperated
in five Michigan countks since June
‘“he public has a right to kr~~ and the
public’s right to know is fulfilled only in part
by the newspapers . . . We feel that this would
open the coverage of court mat* to Ihe genera1
public.” said Michigan Court of Appeals
Judge Joseph B. Sullivan,
committce
chainnan of tbe
Sullivan said that wbea the orperiment b
gan aume feared courtmoms would be disrupt-
ed.
“Actually, in the workings of it things have
gone rather calmly and smo~thly,~ be said.
The high court began its experiment state
wide on Feb. 1 but petmittted defense auor-
neys prosecutors or judges to block the use of
cameras or tape recorders if they didn’t want
automatic unless a judge determined that such
coverage would make the trial or court prP
ceding unfair.
Ofthe144reque&&ivd;i’inGrand~
wne. ,lngham Mnrquetle. oak&ad and wex-
ford counties, 138 were approved, the report
said
Sullivan said comments from judges in-
volved in those cases tumed up few problems.
The lone dissenter on tbe commjttee was
Detroit F&corders’ Court Judge Vera hIassey
Jones, who argued that.the use of camems and
tape nxvnkrs abould’~ an experiment
for another year but be expanded statewide
Jones said the iivccounty qeriment dii
not provide enough ocperience with the type of
violent felony caJg beard in Detroit Record-
ers’ Court
“it’s tbe kind of thing most papers want to
Ml. CLPMEKS. Ml
MACOMB DAILY
NOV-23-38
_--._-..- . ..-.
Panel backs . c%iiiieraS in courtrootis
IANSING (UPI) q;bkcom-
mendations lo 0pd".p11 WrUr-
momsinthestote~~eRs~d
recording equipment,, but @nt
I judges wide discretion to linut or
: deny cove.mgt, were adopted
, TM&~ by ?.apecial eommikt.e%
The 14-member committee’s
recommendations follow a five-
month pilot study in five counties
that e&owed broadcsat media
greater ace-ass to coumcmm pm
CeediAp.
1 Tbe ?d.ichiean Surrreme Ch
which must amuwve tbe reci2
mendations &fore they become
official court guidelines, ap
pointed the committee to conaidv
the atate’s hmg-atanding ban on
amens and recording equipment
in coluvooms.
Under the proposed guidelines,
judges could permit broad- e
.ponem and news photomphers
to . record proceedings,
tire2 days written notice. gz
ever, a judge could waive that
notice requirement if necemary.
A jiadgc also could allow cover-
age of a trid generally while btui-
ning asxne~ during cennin
sensitive potions of tbe proceed-
%& example, filming and up
ing could be tied in cases in-
volving sex offenses, child
offenders, parental rights, undcr-
cover Offlcera, RlocALcd la:
nesses and others,.. at tbe
discretion of a judge.
Fiiming or taping of jlnan and
jnrv would be fiatly prohibited
uder the guideline&
A judge’s decision to limit or
deny weas could not k appcpled
bv the media, although ponies to
de cmc would be allowed to ehd-
lenp the de&ion. under the pm
posda. Tne fear was that media
would frequently become part of
tbe cow ease wh;a-queu~~
rlceesmcounT6o
‘I don’t want to we the me&
AS a poaaible litigant in every ain-
gie bwsuit,” aaid Detroit Record-
en Court thdge Vern Jones, a
member of the commitlee.
Committee members, ranging
from judges and attorneys to a
hfkhie;v State University. jour.‘.
n&am professor, expressed con-
cemsoverbahcingtheri~ts0f
defandents, victim and tir.nm
aith tbe public’s right to know. It
waa decided, by and large, to
leave most authority in tbe hands
of’tbe judge nther than mandat-
ing eemin Actions.
-AuofttlishjngWontbediE-
a&ion of tbe judge,” said Michi-
gan Appeak’Co~t Judge J-ph
Sullivan, chairmsn of the commit-
tee. The judge must control the
counroom pmperiy.”
On June 20, the Surpeme Court
decided tb sar up the pilot project
in lngham, Msuquette, OnWmd,
hand ‘haveme and Wexford
counties. Over the following five
months, circuit, district ana pm
bare coum received at least 144
requests to allow -eras or re-
corders innwms.
During the hvwunty crperiment. news or-
ganizations wanting to use television or still
:.cameras .m tape recorders had to request per-
mission from the judge thrte days in advance.
but ‘the judge could approve a request that
came in hlff.
A judge’s decision to terminate. suspend or
ban the coverage could not be appealed under
the experiment
’ The committee recommended those guide
lines be continued. but suggested the guidelines
‘spell out that judges are free to exclude cover-
age of certain witneses such as victims of sex
crimes and their families, police informant&
undercover agents and relocated witnesses.
Cow-age of jurors already was excluded.
Supreme Coun spokesman Tom Farrell said
tbc bgh court would take up the recommend;l+
bon early in 1989.
WADING SERVJCE
126 s. Pwmm. wlumnBmn ucn aa95
DOiAGlAC, MI
DAILY NEWS
L61,OOO
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