NCJ Number
69257
Date Published
1980
Length
19 pages
Annotation
EFFORTS AT COOPERATION BETWEEN COURT PERSONNEL AND THE PRESS IN DEVELOPING GUIDELINES FOR PROCEDURES THAT WILL SERVE THE INTERESTS OF BOTH A FREE PRESS AND FAIR TRIALS ARE DISCUSSED.
Abstract
THE NEED FOR COLLABORATION BETWEEN THE COURTS AND THE PRESS FOR THE PURPOSE OF ESTABLISHING VOLUNTARY GUIDELINES THAT WILL GUIDE PRESS AND COURT BEHAVIOR SO THAT FREE PRESS AND FAIR TRIAL ISSUES ARE RESPECTED HAS BEEN SHARPENED BY A LENGTHENING LIST OF RESTRICTIVE RULINGS BY JUDGES WHICH HAVE INHIBITED PRESS COVERAGE OF COURT ACTIVITIES. A GOOD EXAMPLE OF LIAISON MACHINERY INVOLVING COURT AND PRESS IS IN THE STATE OF WASHINGTON, WHERE GUIDELINES BEGAN EVOLVING IN 1963 AT THE INITIATIVE OF THE STATE JUDICIARY. THE CHIEF JUSTICE OF THE WASHINGTON SUPREME COURT SERVES AS PERMANENT CHAIRMAN OF THE JOINT ADMINISTRATIVE COMMITTEE SUPERVISING THE OPERATION OF THE GUIDELINES; THERE ARE NO SANCTIONS AND NO FORMAL CENSURES FOR BREACHES OF THE CODE. PEER PRESURE OPERATES SUCCESSFULLY IN KEEPING CODE VIOLATIONS TO A MINIMUM. WHERE VIOLATIONS OCCUR IN EITHER THE PRESS OR THE COURTS, THE ADMINISTRATIVE COMMITTEE PROVIDES A FORUM FOR DISCUSSING THE ISSUES INVOLVED. CURRENTLY, 26 STATES HAVE SOME FORM OF JOINT COMMITTEE SIMILAR TO WASHINGTON'S. A JOINT AMERICAN BAR ASSOCIATION-AMERICAN NEWSPAPER PUBLISHERS ASSOCIATION IS ACTING AS A PROD TO COOPERATIVE MOVES WHERE NONE ARE NOW BEING MADE; IT ACTS AS A CLEARINGHOUSE FOR EXCHANGE OF IDEAS ORIGINATING IN THE STATES AND LOCALITIES THAT DO HAVE PROGRAMS. IT IS ALSO SUPERVISING A PRESS-BAR PROJECT TO PUBLISH TWO BOOKS FOR JOURNALISTS AND LAWYERS ON THE ROLE OF PRESS AND LAW IN AMERICAN SOCIETY. MORE EFFECTIVE CHANNELS FOR MUTUAL EXPLORATION OF FREE PRESS-FAIR TRIAL PROBLEMS, BASED ON THE CONCEPT OF ENCOURAGING RESPONSIBLE BEHAVIOR, RATHER THAN ON PROHIBITIONS AND PRESCRIPTIONS, IS THE MOST HOPEFUL APPROACH FOR A BALANCED STRATEGY THAT WILL INSURE THAT NEITHER THE INTERESTS OF THE PRESS OR THOSE OF THE COURT ARE UNDERMINED.