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

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

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permanent basis, it is the opinion <strong>of</strong> the evaluators<br />

that it should do so without a criminal case party<br />

consent requirement. .The result <strong>of</strong> such a requirement<br />

would be to stifle the extended media process to the<br />

extent that it may as well not be allowed at all.<br />

Since the evaluation has not produced evidence to indi-<br />

cate the necessity <strong>of</strong> reverting to a complete prohibi-<br />

tion <strong>of</strong> extended coverage, it is recommended that the<br />

rules continue with no party consent required, given<br />

that the trial judge has the ultimate authority to<br />

allow or disallow EMC.<br />

Recommendation. Rule <strong>of</strong> Court 980.2 should remain as<br />

present2y formulated in requiring onZy the consent <strong>of</strong><br />

the judge before ENC may take place.<br />

5. Equipment and Operator Criteria<br />

In Section III <strong>of</strong> this report, it was noted that several<br />

instances <strong>of</strong> rule "relaxations" occurred. (Rule relaxa-<br />

tions are sanctioned occurrences which are contrary to<br />

the letter <strong>of</strong> the rules.) Most prominent among these<br />

instances were the use <strong>of</strong> artificial lights and the<br />

admission <strong>of</strong> three or more cameras. These rule relaxa-<br />

tions were permitted at the discretion <strong>of</strong> the judge and<br />

occurred under controlled conditions. None <strong>of</strong> them<br />

resulted in chaos, a "circus-like" atmosphere, or obvi-<br />

ous disruption or distraction.<br />

To the extent that these relaxations <strong>of</strong> the rules occurr<br />

there exists an inconsistency in rule requirements and<br />

actual-EMC practice. It is not suggested that any <strong>of</strong><br />

the equipment and operator criteria be specifically<br />

repealed. However, the addition <strong>of</strong> a clause to the<br />

-2350<br />

.

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