Home » Uncategorized » Updates to Mass. electronic court access rule make permissibility of tech usage uniform

Updates to Mass. electronic court access rule make permissibility of tech usage uniform

It’s not the inclusion of citizen journalists or the expansion of permissible technology usage in courtrooms for reporting that makes the recent updates to Supreme Judicial Court (SJC) Rule 1:19 so worthwhile. The most important thing is the existence of a rule about technology usage itself, said judiciary-media committee member Bob Ambrogi.

“There really hadn’t been [a set rule] before, and so what that meant was that, from courtroom to courtroom, from judge to judge, you’d get different standards being applied,” he said. “It wasn’t that you couldn’t do this stuff before, but there was no easy way to know how to do it, and the judges would have their own standards on this.”

A lawyer and blogger, Ambrogi has been a member of the judiciary-media committee for about 9 years. He is also the executive director of the Massachusetts Newspaper Publishers Association, and was on the subcommittee that researched and proposed potential updates to Rule 1:19.

The SJC approached the judiciary-media committee to explore possible changes to the rule after many citizen journalists inquired about technology usage in the courtroom, Ambrogi said.

“The SJC started to come to the realization that the rules on technology in the courts were outmoded if not even nonexistent for the most part. Although there was a rule on camera in the courts, it didn’t really address newer technologies that were being used in the courts,” he said. “So I think this was seen as an opportunity to modernize the rules to apply to the kind of technology that reporters are using today.

“I think it’s also an attempt to recognize that even the definition of a reporter is changing, and to acknowledge the idea that the news media aren’t just necessarily people who work for formal news organizations like the papers and television stations, but bloggers and citizen journalists can also be members of the news media as well and should be covered under the rule.”

While subcommittee members eventually agreed on the include of citizen journalists, some expressed concerns that allowing anyone to use cameras in the courts might make it easier for gang members to identify and intimidate witnesses, Ambrogi said.

“Judges are very cognizant of that,” he said. “I think that’s why to some extent the concern with this rule is it’s really much less about the mainstream media than it is about the fact that the definition of the media is changing so much that if you’re going to allow wider use of technology and photography in the courtroom, you have to put some constraints around it to prevent the possibility of abuse by people who are not really journalists but who are there for some other reason.”

The solution came in the form of a registration system: If a journalist fills out a registration form and submits it to the SJC’s public information office, then that journalist can bring a camera or electronic device into a courtroom as long as he or she shows an acknowledgment form upon entering the courthouse. The registration system allows the SJC to keep track of everyone who uses cameras and electronic devices in Massachusetts courtrooms without requiring journalists to have professional credentials to gain electronic access.

“Journalists in general have a strong resistance to any kind of formal credentialing system in the sense that no journalist wants the government deciding who is a journalist and who has the right to report the news, and the First Amendment treats everybody equally in terms of their ability to cover what’s going on in the courts,” Ambrogi said. “There’s not even a distinction between journalists and average citizens. Anywhere a journalist has access, it’s the same access any citizen has to the courts and to report on what’s going on in the courts.”

But judges also have to address concerns about potential harm to testifying witnesses and protecting defendants’ rights, he said.

“At the same time, under this rule, the court system really felt it needed to have control over the use of technology because technology is something that can be abused in the courtroom in some ways,” he said.

The rule forms a balancing approach between the two concerns. The updates were “probably overdue,” Ambrogi said, and he’s not sure if they go far enough in granting liberty to journalists. However, he also noted that Massachusetts courts are quite progressive in granting electronic courtroom access.

“In the process of drafting this rule, I did personally look at what other states were doing and try to find examples from other states of rules that they had drafted to speak to this issue of technology and bloggers and whatnot in the courtroom, and very few states have really done it,” he said. “Of course the federal court system is woefully behind the times in terms of allowing cameras in the courtrooms. We’re still guided by a U.S. Supreme Court that has said not over their dead bodies will they ever let cameras in the Supreme Court. So I think Massachusetts is ahead on this.”

In his capacity as the MNPA executive director, he brings concerns of journalists in the field to the judiciary-media committee. He said he hasn’t heard of any issues with the rule since it went into effect last September.

“I think it’s going well,” he said. “Time will tell.”

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