Home » Posts tagged 'supreme judicial court'
Tag Archives: supreme judicial court
Massachusetts electronic access in courts rule is in the “forefront” of state courts, SJC Public Information Officer Joan Kenney said to me this past February. The state has a history of progressive thinking when it comes to technology use in courtrooms, Neil Ungerleider has said. The state was one of the first to adopt a rule allowing use of cameras – the original Rule 1:19 made it on the books in the 1980s. While most other state courts do allow camera usage, many do not permit use of electronic devices for reporting.
“It’s easy for reporters who work in this state to forget that the access that they have is really unique and that while some states have cameras, this may be one of the few of only states that allow the use of the electronic devices,” Ungerleider said.
Meanwhile, lawyer and blogger Robert Ambrogi, who researched equivalent or similar technological access rules of other state judiciaries while on the Rule 1:19 Subcommittee, found that most states do not extend to the lengths the new Massachusetts rule does. Massachusetts is one of the few states that allow two video cameras in a courtroom at a time, and one of the few that specifically grants that permission to citizen journalists in the language of the court rule.
Massachusetts is ahead of the federal courts in terms of electronic access. Federal courts do not allow the use of cameras except in specific federal district courts that are part of a pilot program similar to OpenCourt’s project in Quincy District Court. Cameras have never been allowed in the U.S. Supreme Court.
“The federal court system is woefully behind the times in terms of allowing cameras in the courtrooms,” Ambrogi said. “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.”
Other state judiciaries’ rules on cameras in courtrooms vary widely. For example, Oklahoma, which previously banned cameras in its courtrooms in its Code of Judicial Conduct, superseded the relevant rule in April 2011. That state now has no formal rules on the books at all regarding camera usage in courtrooms.
On the opposite end of the spectrum is Wisconsin, which permits three television and three still camera operators to be in courts with approval from the judge. Mississippi is also highly permissive when it comes to camera use in state courts; individual use of one television camera, one video recorder, one audio recording system and one still camera is permitted in the same courtroom given at least two days notice to the presiding judge.
Only a few states explicitly permit use of electronic devices, and even then, intended use of the device, whether for note taking or reporting, makes a difference in the permissibility of its use. Reporters in Nevada, for example, can freely use electronic devices for note taking, but need to get judge approval before using those same devices to live blog or broadcast court proceedings. In other states, reporters’ use of electronic devices is limited to cameras and audio recorders used for note taking.
Thirty-five states explicitly permit use of cameras in courtrooms, while 14 other states partially allow camera use depending upon the circumstances. In the majority of states that explicitly permit camera usage, only one videographer and one photographer can be in the courtroom at any time. (For more specifics, see the Radio Television Digital News Association’s State-by-State Guide).
The District of Columbia is the lone region of the United States that outright bans camera usage in the courtrooms in its jurisdiction. Thirty-five states allow some form of audio or video webcast from the court as well, though those 35 states are not all the same 35 that explicitly permit use of cameras; some states that only allow camera use in specific circumstances have also allowed webcasts under special circumstances.
While Joan Kenney, the SJC’s public information officer, has said that Rule 1:19 is still a “work in progress,” Massachusetts is leaps and bounds ahead of other states and sets a strong example of how a state judiciary might handle electronic access to the courtroom. Considering the successes of the OpenCourt project in particular while it lasted, regular live streaming and blogging, citizen journalism reporting and camera usage in courtrooms can become the norm of courtrooms in Massachusetts.
“It [OpenCourt] was a pilot project scheduled to last for a particular period of time, and intended to explore different issues that came up in the context of introducing full-time video recording into courtrooms,” said Jeff Hermes, director of the Digital Media Law Project. “In that regard, I think it was a tremendous success,”
While Massachusetts might lag behind some states in terms of access to the courts, the new updates to Rule 1:19 have ultimately been a victory for Massachusetts press freedom.
“I think the SJC, that court, started to come to the realization that the rules on technology in the courts were outmoded if not even nonexistent for the most part,” said Ambrogi of the Rule 1:19 updates. “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 … bloggers and citizen journalists can also be members of the news media as well.”
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.”
Last September the Massachusetts Supreme Judicial Court (SJC) updated its rule on camera usage in courtrooms, expanding the scope to citizen journalists and allowing the use of new technology for reporting purposes.
“I think they’re very timely,” SJC Public Information Officer Joan Kenney said of the changes. “I think we’re in the forefront of state courts throughout the country who are implementing new rules.”
Much of Rule 1:19 remains the same, Kenney said. But the changes now allow any professional or citizen journalist who has registered with the public information office and received permission from the presiding judge to record judicial proceedings. It also permits use of electronic devices such as smart phones, laptops and tablets, if it is not disruptive. This means journalists can now live blog a trial or hearing, for instance.
About 75 media organizations and 15 news media individuals have registered with the court. Registration is a simple process requiring an applicant to read Rule 1:19, fill out a form and submit it to the public information office.
The number of registered citizen journalists seems to be consistently lower than the number of news organizations, Kenney said.
“That number will probably grow over time,” she said.
Any member of the public is welcome to witness a judicial proceeding and take notes with pen and paper, but use of technology is limited to news media, which the new rule defines as “organizations that regularly gather, prepare, photograph, record, write, edit, report or publish news or information about matters of public interest for dissemination to the public in any medium, whether print or electronic, and to individuals who regularly perform a similar function.”
Kenney noted that the public information office does not check applicants’ credentials, but merely sends an acknowledgment that an applicant verified his or her qualification as a member of the news media on the form. The process is more of an “honor system,” she said.
“The public information office is not in the business of credentialing the journalist. The journalist decides himself whether he or she fits the definition,” Kenney said. “There had been some discussion at our meetings – this is the judiciary-media committee – about whether it should be a registration system or a credentialing system, and it was decided that it should be a registration system, not credentialing.”
The change came as a result of increasing inquiries from both judges and journalists about camera usage in courtrooms, Kenney said.
“Judges were getting requests from nontraditional media types, and citizen journalists were also asking whether they could bring in iPads and laptops, things like that to use, into the courtroom instead of just paper and pen,” Kenney said. “The court recognized that it was time to review the rule.”
The SJC later updated Rule 1:19 based on the subcommittee’s recommendations, and it went into effect on Sept. 17 of last year. The SJC is still working out the kinks of the rule, though, Kenney said.
“It is new for everyone,” she said. “It’s new for our judges, new for our clerks, new for our court officers and journalists.”
Kenney said despite the kinks in the system, Massachusetts courts are innovators in the use of technology in the courtroom.
“I know many other state judiciaries are considering making some of these changes, and maybe a few of them have, but I think we are one of the leaders in terms of reviewing our rules, updating our rules, and making them contemporary with what’s happening in society,” she said. “The rule was implemented in September. We’re taking a look at how it’s being implemented, looking at what issues that might arise from this, and it’s still very much a work in progress.”