High-Interest Proceedings

Covering High-Interest Proceedings – Lessons Learned from Other States*1

• Whatever method the judge ultimately chooses for dealing with the media, the most important thing to remember is to be comfortable with that method.
  
  
• Establish an effective communication method between the court and the media about the basic procedural and legal aspects of the proceedings.
  
  
• No matter who is assigned to deal with any particular problem, the judge will ultimately be held responsible for what happens, particularly when things go wrong. The trial judge must, therefore, think through each decision or problem before acting.
  
  
• The judge must also be aware that he or she will be the direct focus of much of the media’s attention.
  
  
• The judge, court administrative staff and media liaison should plan for all foreseeable contingencies in dealing with the media and the public. Well in advance of the trial, the judge should meet with key staff (the court administrator, jury administrator, sheriff, police), counsel for the parties and news media representatives to resolve as many media concerns as possible.
  
  
• The trial judge and court administrative staff should treat all members of the media equally and fairly and ensure each media representative the same degree of access as every other media representative.
  
  
• Before the trial beings, the judge should establish in writing explicit, clear, and fair ground rules for the media regarding trial procedures and access to proceedings and trial participants.
  
  
• The court should make reasonable efforts to accommodate the media’s needs and provide them with the essential information they require to do their job. The judge should ensure that members of the media obtain timely responses to their questions. Information concerning the court’s schedule, timing of decisions, and other procedural matters should be provided daily.
  
  
• There should be a single, reliable source of information for all of the media.
  
  
• Anyone who communicates with the media on behalf of the judge should have the judge’s full confidence and support. This person should not continually have to seek authority before speaking or acting. This person should be fully informed about all matters communicated to the media.
  
  
• To the extent reasonably possible, the judge should avoid making rulings from the bench that can be misconstrued or taken out of context in media reports.
  
  
• The trial judge should be careful not to say or do anything that would generate additional publicity or cause him or her to become the focus of personal attention. Choice of words and demeanor are very important.
  
  
• The judge should avoid the appearance of unnecessarily withholding information or excluding the media from proceedings by keeping them informed and providing the reasons for the court’s actions. All hearings, including pretrial hearings, should be conducted in court, rather than by telephone. Frequent sidebar and in camera discussions should be avoided, if at all possible.
  
  
• The court should provide a separate media room in which telephone lines and video feeds can be set up for the media. The costs of leasing any facilities, or making any technological arrangements or modifications for the media, should be borne by the media representatives making the request.
  
  
• The trial judge should be aware of increased pressures on the courtroom staff caused by the intense public interest and media focus on the proceedings. If possible, court and trial staff should be trained in dealing with the media and the public for notorious cases.
  

*1 Taken from “Managing Notorious Trials” by Timothy R. Murphy, Paula L. Hannaford, Genevra Kay Loveland, and G. Thomas Munsterman / National Center for State Courts