1. Judicial Proceedings & The Media
What Judges Can & Can’t Do
Judicial Proceedings & The Media

2. Goal
Explain why judges and courts sometimes cannot reveal information about a pending case
Criminal cases
Civil cases
Offer suggestions about the best times and places to obtain information
Forge a better understanding between the courts and media about what they need and how to facilitate better communication

3. Criminal Cases

4. Criminal Cases Defined:
A case brought by a prosecutorial authority (federal, state, county, or city) against a person or entity for a violation of law
If convicted, the person or entity (known as the “criminal defendant”) may be placed in prison or jail (and possibly by parole thereafter), may be placed on probation, or may be fined
Because the penalty typically involves more than a fine, criminal defendants are entitled to additional procedural safeguards

5. Criminal Cases Safeguards unique to criminal cases:
Defendants are in most cases entitled to counsel at no cost to them
Defendants are entitled to a trial by jury
Defendants must be proven guilty beyond a reasonable doubt
Defendants have the right to cross examine and confront the witnesses against them
Critically, the trial must be public

6. The Criminal Process: Charging
Prosecutor presents case to grand jury
If grand jury finds probable cause to believe defendant committed crime, it returns an indictment
By Indictment
Prosecutor charges defendant with crimes in a complaint
At a contested hearing called a “preliminary hearing,” a judge determines whether there is probable cause to believe defendant committed crime
If so, the prosecutor files an information
By Information

7. The Grand Jury
Grand Jury proceedings are conducted in secret and, as a general matter, their contents—and, indeed, their very existence— cannot be disclosed

8. Pre-Trial Proceedings
Status conferences
Motions to suppress evidence
Dispositions by plea
These are typically open to the public

9. Jury Selection (aka “Voir Dire”)
Criminal defendants have the right to a fair and impartial jury
Jurors with too much knowledge of a case may be excused
If the entire jury panel has too much knowledge, trial may be transfer to a different venue

10. Trial Itself
Under the Sixth Amendment of the U.S. Constitution, criminal trials must be “public”
The U.S. Supreme Court has held that the trial itself cannot be closed to the public, although a court may exclude particular members of the public if they pose a threat or danger to the proceedings or its participants
While the public may attend trials in person, there is generally no right to bring cameras into the courtroom; this is left to the judge’s discretion

11. Trial – Protection of Witnesses
Victim-witnesses: In some states, victim-witnesses have special rights to privacy and against harassment
Witnesses in danger: In gang cases or in non-gang cases involving undercover officers or informants, witnesses may seek protection from public disclosure

12. Trial – Protection of Defendants
Prior to trial and, if convicted, after trial, probation reports are prepared that detail the defendant’s criminal history, mental health history, the circumstances of the present crime, and other very personal issues
These probation reports are often protected from disclosure except under limited circumstances

13. Trial – Protection of Jurors
Juror’s personal identifying information is also often protected from disclosure, leaving to the individual jurors whether to talk to the media after a trial is over
(Jurors are not allowed to talk to anyone about the trial during the trial or during deliberations.)

14. Civil Cases

15. Civil Cases
Defined:
A case brought by one private individual or entity (or public entity) against another for a violation of civil law (tort, contract, statutory protections)
What is at issue, typically, is money or a court order requiring the civil defendant to do (or not do) a particular act
Proof is by a preponderance of the evidence

16. Civil Cases No absolute constitutional right to public trial
Concerns about juror privacy remain the same

17. Judicial Ethics

18. Judicial Ethics Most Codes of Judicial Ethics:
Prohibit a judge from speaking about a pending case
This prohibition typically lasts through conclusion of all appeals of the case

19. What All Of This Means

20. Judges will not likely be able to discuss a case directly with the media (or, for that matter, anyone else)
Access to written court orders is fairly open, subject to the constraints discussed above
The public, including the media, generally has a right to attend trial and pre-trial proceedings to hear oral testimony

21. A Better Understanding

22. The Conversation Begins…
What else can I tell you, as members of the media and the more general public, about the constraints the govern courts and judicial proceedings?
What types of information are most important to accurate reporting?
How can courts assist with getting you that information within the constraints outlined above?
How can the courts remain neutral with many news outlets espousing a particular point of view?