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