ACCESS TO JUDICIAL PROCEEDINGS II

I. Cameras in the Courtroom

History

1900-1937--Still and newsreel cameras permitted in state courts

Trial of Bruno Richard Hauptmann (Lindbergh kidnapping)

American Bar Association (ABA) Canon 35 [Canon of Judicial Ethics]

State Courts

*prohibited the photographing and radio broadcasting of court proceedings

1952--prohibited television coverage

1982--cameras permitted at the discretion of and under the supervision of the state's highest court

Federal court

Pre-1990

1990

criminal cases (trial)-not permitted

civil cases (trial)-experimental program tried and not renewed

appellate cases-appellate court can allow in civil cases

Supreme Court (2000)

Bush v. Gore

Anti-terrorism and Effective Death Penalty Act of 1996

Cases:

Estes v. Texas (1965)

Chandler v. Florida (1981)

 

II. Access to Jurors and Witnesses

Jurors

*protection from retaliation

*protection from public pressure

*blanket order is considered overbroad p. 707

*California Penal Code--payment to jurors for first-person stories: It is jury tampering and a misdemeanor to offer or accept such payment prior to or within 90 days after the discharge of the jury. Any payment in violation is forfeited to a Victims Restitution Fund.

Witnesses

*California Penal Code--it is a crime for a person who "reasonably should know" that he or she will be a witness from ageeing to accept money for information relating to the case until after final judgment in the case. 6 months / 3X the payment.

Case:

California First Amendment Coalition v. Lungren (N.D. Cal. 1995) p. 709

 

III. Access to Judicial Records and Discovery Materials

Cases:

Press-Enterprise I and II

Seattle Times Co. v. Rhinehart (1984)

Federal Rules of Civil Procedure: Rule 26(b)(1)--"a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action."

Rule 26(c)--Protective Orders

See pp. 716-717