Chauvin Trial Shows Importance of Court Access

There has been a lot of attention focused on the ongoing trial of former police officer Derek Chauvin in the death of George Floyd. Occurring in the context of often-heated discussions of police treatment of minorities, the trial has been shown live on TV and online, and most of the coverage by other media has relied on these live feeds.

This shows that a trial can be covered by cameras without turning into a sensation. And it provides a good example of the reasons why courts should be open to the press and other observers, and that media coverage of the courts can play an important role in showing the functioning of the courts and the basis for legal rulings and verdicts.

https://scpress.org/chauvin-trial-shows-importance-of-court-access/

Sealed Mulvaney case shows rules for sealing court documents

On the surface, a legal case with an appeal currently pending before the South Carolina Court of Appeals looks like a technical business case resulting from a real estate deal. But as originally reported by the Washington Post, the case involves White House acting chief of staff John Michael (“Mick”) Mulvaney.  More...

A newsrack, a judge, and the First Amendment

Last week, during jury selection for trial of Timothy Jones, who is accused of killing his five children in Lexington County and dumping their bodies in Alabama in 2014, presiding judge Eugene Griffith Jr. ordered the removal of a Lexington County Chronicle dispensing machine in front of the courthouse. The judge’s order raises the question of how far courts may go to ensure that a criminal defendant gets a fair trial.

The (Court)Room Where It Happens

My May column for the South Carolina Press Association:

In the second act of the hit Broadway musical “Hamilton,” the Aaron Burr character expresses his jealousy at being excluded from –and his desire to get into – the meetings that his rival Alexander Hamilton participates in where major decisions are made to plot the course of the new United States. “I / Wanna be in / The room where it happens,” Burr sings.

Public accountability needed after mass shootings

My March column for the South Carolina Press Association:

Less than a week after the horrific shooting spree at Marjory Stoneman Douglas High School in Parkland, Florida, that killed 17 students and staff members, a coalition of 16 news outlets and organizations filed a motion with the criminal court overseeing the prosecution of the shooter, arguing that hearings and records in the case should be open to the public.

Supreme Double Standard on Cell Phones in Court

I've written before about the fact that many courthouses "ban" cellphones and other electronic devices from parts of the building, or from the entire edifice, often have exemption for a select elite: judges and their staffs, often along with lawyers, police officers, and others.

Yesterday's incident at the U.S. Supreme Court points this out to an extreme.

Times Tech Reporter's Court Tweeting Tale

New York Times technology reporter Mike Issac has written a "Times Insider" article (sub. req'd) on his experience covering the testimony of Facebook CEO Mark Zuckerberg in a patent infringement case in a Texas federal court.

While Issac had obtained permission to use his electronic devices in the courtroom from the presiding judge, he was asked to stopping tweeting after court personnel apparently discovered that his tweets were getting widespread attention, including repetition by other media.

The Dylann Roof Case, Open and Shut

My latest column for the South Carolina Press Association:

In November, as the prosecution of Dylann Roof for the Emanuel AME Church massacre edged closer to trial, federal judge Richard Gergel decided to grant a defense request that the public and the press be barred from a hearing into Roof’s competency to stand trial, and to represent himself in the case.

Eleventh Circuit to Begin Posting Audio

The federal Eleventh Circuit of Appeals -- which handles appeals from federal courts in Alabama, Florida and Georgia -- has told the Free Law Project that it will soon being posting audio recordings of all oral arguments.

Courts' Cell Phone Ban Gets Worse for the Non-Elite

In 2012 I wrote about state courthouses in Cook County, Illinois (metro Chicago) selectively banning cell phones from their facilities. Now the court administrators have made a bad situation worse by removing the lockers that allowed court visitors to store their phones while in the building.

Fed Courts Find Few Harms From Cameras, Ban Them Anyway

An evaluation (which, tellingly, is not online) of the federal courts' recently concluded test of allowing cameras to record some proceedings in selected courtrooms found that a majority of judges and lawyers surveyed agreed that the positive impact of the cameras outweighed the negative, according to Law 360 (sub. req'd).

But the Federal Judicial Center, which sets policy for the federal courts, still announced Tuesday (Mar. 16) that it would not recommend any changes to the general policy that still and video cameras are banned from most federal courtrooms.

The Experiment Ends: With What Result?

The federal courts have announced the end of the four-year experiment in which selected federal cases were recorded with video cameras and the videos posted online. The next step, according to the Judicial Conference, will be the creation of a camera policy for all federal courts, possibly at a meeting in March.

Florida Court's New Rule Limits New Media Access

Perhaps taking its cue from the U.S. Supreme Court, which issued press credential rules which limit access by the premier blog covering the court, a judicial district in Florida has issued new rules that essentially bar bloggers and other new media journalists from covering trials in those courts.

New Poster Gets Specific On Juror Research, Social Media Use

The National Center for State Courts has released a new poster, "Juror Responsibilities Regarding the Internet and Social Media," that is intended for jury rooms to remind jurors that they should not from research or use social media to discuss cases. But the poster's limited explanation of the reasons behind the restrictions is problematic.

Be aware: tweeting allowed in some courtrooms but not others

... Eric P. Robinson, co-director of the Program in Press Law and Democracy at Louisiana State University, advises journalists to get permission before tweeting from the courtroom unless the judge has a clear policy on the matter.

www.poynter.org/how-tos/newsgathering-storytelling/253548/tweeting-allowed-from-some-courtrooms-but-not-others/

Hear Ye, Hear Ye!: Some Federal Courts Post Audio Recordings Online

cross posted at the Digital Media Law Project
While the propriety of video and photography equipment in federal courts is subject of ongoing debate and testing, a number of federal bankruptcy courts and three federal district courts make audio recordings of their proceedings available to the public for a nominal fee.

California Judicial Council Recommends Repeal of Law Criminalizing Juror Internet Use

cross posted at the Digital Media Law Project)
In August 2011, California adopted a statute making it a crime for jurors to use social media and the Internet to do research or disseminate information about cases. Now, two years after the law went into effect, the state's Judicial Council has recommended that the statute be repealed.

Ninth Circuit Starts Live Streaming, As Federal Camera Test Continues

cross posted at the Digital Media Law Project)
In early December, the Ninth Circuit Court of Appeals announced that it would provide live-streams and archived video of oral arguments on its web site, starting later in the month. This makes it the only federal appeals court to offer online video coverage of its proceedings.

Through the Looking Glass

I mostly focus on American law, but I was interested to read photographer Antoine de Ras' explanation of how he got this photo of amputee athlete and now accused murderer Oscar Pistorius crying in a South African courtroom, despite the judge's order that no photography was allowed during the court proceeding (although photography was allowed in the courtroom before and after the hearing).

Chicago Area Courts Ban Devices, For Some

(cross posted at the Citizen Media Law Project)
 Criminal courthouses in Cook County, Illinois (Chicago and environs) will ban the public from bringing in electronic devices as of Jan. 15, under an order issued by Cook County Chief Judge Timothy Evans in mid-December. See Gen’l Admin. Order 2012-8 (Ill. Cir. Ct., Cook Cnty. Dec. 11, 2012) (press release).