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

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._.,. proceeding and the number of media organizations seek- ing to participate in the extended coverage. The several "major case" events required several days or a few weeks advanced notice to allow enough time for arrangements and coordination to take place. The large number of more minor EMC events often required no more than a few hours advanced notice. The question legitimately is raised whether or not use of a request form ought to be required if EMC is allowed on a permanent basis. Naturally, the preference of the media is to dispense with this paperwork, particu- larly since the electronic and photographic media generally feel that they should have the same access as the print media to court proceedings. Although the research indicates that generally EMC has little or no effect on the proceeding, there remains the reservoir of negativity in the reports of those having experienced EMC, reports which include a few bitter experiences and more than a few strong preferences against EMC presence. Requests for extended coverage should be reviewed in every instance by the judge for determination of possible negative impacts, some of which may be logically predicted or even likely. Covering the testimony of, for example, a rape victim is obviously unwise. A written request process provides a checkpoint for making these screening decisions. Recommendction. To facilitate the screening and decis
a party shall be made part of the record. As a matter of openness and fairness and for the purpose of aiding judges in the consent decision process, the practice of hearing arguments for and against EMC from the parties to the action and the media should be encouraged. A written request facilitates the process of notifying attorneys and litigants that EMC of the proceeding is under consideration. The presence of cameras and micro- phones in the courtroom should never come as a complete surprise to attorneys and litigants. This occurred in at least one case during the experimental year 36 and . the reaction of the defense attorney and his client was understandably negative. An effective control for this potential problem would be to require the Court to notify attorneys and litigants of a pending EMC request suffi- ciently in advance to permit their input. 4. Party Consent One of the most fundamental and important issues associ- ated with "cameras in the courts" is the question of party consent. The California experiment operated under both a party consent required and no party consent required condition for criminal trial level proceedings. A basic finding of the research on this point is that a party consent requirement in criminal cases results jn very little = extended media coverage. Generally, defendants and their attorneys reject EMC requests if empowered to do so, and the media predominantly is interested in criminal cases. If th-e Judicial Councildecides to allow electronic and photographic coverage of court proceedings on a 36 People v. Roemer in Ventura County. -2340
Page 1 and 2:
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
Page 7 and 8:
supervisory responsibility. (See pa
Page 9:
The report also emphasizes the pivo
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-v 32. CYJ 33.45 8.5% . 3.2% 2.85 2
Page 14 and 15:
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
Page 30 and 31: Not at All Slightly Moderately Very
Page 32 and 33: 1. Too much pretrial publicity. Tab
Page 34 and 35: Table 12 To what extent did the pre
Page 36 and 37: C. Attorney Only: Questions and Com
Page 38 and 39: 4. The presence personnel, persons
Page 40 and 41: Table 9 TO what extent were court p
Page 42 and 43: 12. Believe it to be benficial. 13.
Page 44 and 45: 5. The positioning of the cameras i
Page 46 and 47: 3. The page Commission 3, Rule 7, r
Page 48 and 49: 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 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 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
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JVlemoranaur chief JusncT Dorothy c
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I I, I I I r- -.. (b) A judge may t
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7. Conferences. There shall be no a
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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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