NCJ Number
53619
Journal
American Bar Association Journal Volume: 64 Dated: (DECEMBER 1978) Pages: 1860-1864
Date Published
1979
Length
5 pages
Annotation
AN OVERVIEW IS PRESENTED OF THE APPARENTLY SUCCESSFUL FLORIDA PILOT PROGRAM IN WHICH CAMERAS WERE ALLOWED TO BE USED DURING COURT PROCEEDINGS.
Abstract
TO DETERMINE, THROUGH ACTUAL EXPERIENCE, WHETHER A CONSTITUTIONAL ADMINISTRATION OF JUSTICE CAN COINCIDE WITH THE USE OF TELEVISION AND STILL CAMERAS IN THE COURTROOM, FLORIDA COURTS CONDUCTED A 1-YEAR PILOT PROGRAM IN WHICH CAMERAS WERE ALLOWED TO RECORD COURT ACTIVITY. THE EXPERIMENTAL PROGRAM RELIED ON A RELAXATION OF CANON 3A(7) OF THE AMERICAN BAR ASSOCIATION CODE OF JUDICIAL CONDUCT, AS APPROVED BY THE CONFERENCE OF CHIEF JUSTICES. THE NATIONAL CENTER FOR STATE COURTS WAS DESIGNATED AS THE CLEARINGHOUSE FOR ALL INFORMATION REGARDING THE USE OF CAMERAS IN THE COURTROOM. THE HISTORY OF THE EXPERIMENT INCLUDES THE 1975 COURT ACTION WHICH INVOKED THE USE OF CAMERAS IN COURTS SUBJECT TO STANDARDS CONCERNING TYPES OF EQUIPMENT AND THE REASONABLE ORDERS AND DIRECTIONS OF THE PRESIDING JUDGES. DURING THE PILOT PROGRAM THE MEDIA DID NOT HAVE THE RIGHT TO APPEAL AN ORDER AFFECTING THE PRESENCE OF CAMERAS. FLORIDA'S CRIMINAL PROSECUTORS, MEDIA, AND THE MAJORITY OF ITS JUDGES EXPERIENCED WITH THE PROGRAM FAVOR THE MODIFICATION OF CANON 3A(7) TO PERMIT THE USE OF CAMERAS, WHILE THE FLORIDA BAR, DEFENSE LAWYERS, AND A SLIGHT MAJORITY OF ALL FLORIDA JUDGES OPPOSE MODIFICATION. FURTHER DISCUSSION OF THE EXPERIMENT CONCERNS THE METHODS BY WHICH THE PROGRAM WAS CONDUCTED AND SPECIFIC DESCRIPTIONS OF TRIALS WHICH WERE EXTENSIVELY COVERED BY TELEVISION. CHALLENGES TO THE PROGRAM WERE BROUGHT BY CRIMINAL DEFENDANTS; SEVERAL WERE DISMISSED AND OTHERS ARE PENDING IN THE APPELLATE COURT SYSTEM. WITH A FEW EXCEPTIONS, THERE WERE NO SIGNIFICANT DISRUPTIONS EITHER TO THE PILOT PROGRAM OR FROM THE APPLICATION OF THE MODIFIED CANON. IT IS FELT THAT JUSTICE CAN BE ADMINISTERED WITH THE PRESENCE OF CAMERAS. (TWK)