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Wednesday, January 31, 2007

Courts - Ind. "cameras in courtrooms law" cited in New York paper

"Court cameras pushed in N.Y." is the headline to this story today by Larry Fisher-Hertz in the Poughkeepsie (NY) Journal. Here is how the story begins:

Accused murderer John R. Dean stood in a courtroom in Evansville, Ind. last July and told a judge he had fatally beaten a man after breaking into his home in December 2005.

Only a handful of spectators were in the courtroom that morning to witness the proceedings. But thanks to a recently enacted Indiana law, citizens throughout the Evansville area were able to watch and listen to Dean’s account of the brutal attack.

The law, adopted last year, permits Indiana newspapers and television stations to cover certain court proceedings using video and still cameras. Cameras from an Evansville TV station were on hand to cover the plea proceeding, and the prosecutor in the case said he was glad they were there.

“The more the public knows about how we do our jobs, the better off we all are in government,’’ said Vanderburgh (Ind.) County Prosecutor Stan Levco. “We have nothing to hide.”

While reporters and photographers — and some judges — say the new law has flaws, it affords Indiana citizens far more visual coverage of court proceedings than the citizens of New York are getting. New York is one of only 15 states that prohibit visual coverage of trials and most other court proceedings. Cameras have been all but banned from virtually all courtrooms in the state since 1997, when a 10-year law permitting them expired.

Well, there are a few errors in this story, the most egregious of which I have highlighted.

Here is how the story ends, with the almost right phrase highlighted.

A judge in South Bend, Ind. who was designated as one of eight jurists to allow cameras under the new Indiana law, said the experiment wasn’t working as well as he had hoped because cameras aren’t permitted unless both the prosecutors and the defense attorneys in criminal trials consent. As a result, cameras have been permitted only at a few pre-trial proceedings and some plea and sentencing proceedings.

“I’d like to see cameras allowed for some trials,” said St. Joseph County Circuit Judge Michael Gotsch. “I’m certain we could run a fair trial.”

As most Indiana ILB readers know, there is no Indiana law. In an announcement May 9th, 2006, a release from the Indiana Supreme Court stated in part that it had:
authorized a pilot project to test the use of still and video news cameras and tape recorders in Indiana's trial courts.

The Supreme Court's decision came in response to a request from the Indiana Broadcasters Association and the Hoosier State Press Association. The 18-month pilot project will involve eight trial judges who have agreed to participate in the project.

“I hope that this experiment will help inform the public about the workings of the judicial system and remove any mystery about what happens in a courtroom. The ultimate success of the project will be determined by how much the public benefits from this greater access afforded the working press,” said Chief Justice Shepard.

A list of all the ILB "cameras in courtrooms" entries is available here.

Posted by Marcia Oddi on January 31, 2007 03:56 PM
Posted to Courts in general