Federal courts rule out broadcast of closing arguments in California same-sex marriage trial

A federal court will not include California’s same-sex marriage trial in its pilot program to broadcast civil proceedings contrary to recent media reports. -db

The Reporters Committee for Freedom of the Press
March 9, 2010
By Curry Andrews
A federal court in San Francisco announced on Friday that it is not planning to broadcast closing arguments in the trial [...]

Prop. 8 trial could still find the airwaves

San Francisco Bay Area federal judges are again floating a plan to allow cameras in federal courtrooms just weeks after the U.S. Supreme Court, in a rare intervention, rejected a similar plan. If approved this time, it is possible that the final arguments in the Prop. 8 could be telecast. -db
The San Francisco Chronicle
February 26, [...]

Drug cartel chief gets 25 years in secret proceeding

A federal district judge sentenced one of the most feared drug lords to 25 years in prison in a proceeding closed to the public, a rare occurrence for a sentencing phase. The judge offered no explanation for the secrecy. -db

Houston Chronicle
February 24, 2010
By Dane Schiller and Jacquee Petchel
Behind armed guards and locked doors [...]

Counselor sues Yuba college district over closed door session concerning salary hike

A counselor at the Yuba Community College District is suing the district for rescinding her salary raise in closed session. The superior court judge has allowed Yuba college officials to testify in a closed court session. db
Appeal-Democrat
February 18, 2010
By Ryan McCarthy

Three Yuba Community College District trustees are among witnesses an employee plans to call in [...]

Report says press freedom eroding with shift to online media

A report in CQ Researcher says that with no way established to charge for online news content, there is less money to spend accessing courts, public records and public meetings. -db
The Reporters Committee for Freedom of the Press
February 9, 2010
By Cristina Abello

As newspaper circulations drop and nightly news broadcasts garner fewer viewers, more people are [...]

Supreme Court decision on access to jury selection already derails one federal trial

One day after the Supreme court ruled that the public must be allowed into court during jury selection, a federal judge in Dallas declared a mistrial in a case because the jury was selected in a closed session. -DB
Politico
January 20, 2010
By Josh Gerstein
The Supreme Court gets results.
Just yesterday morning, the justices issued a 7-2 [...]

High court rules for open criminal trials

The U.S. Supreme Court found that under the First Amendment, the public has the right of access to jury selection under the First and Sixth Amendments. The ruling came in a case in which a trial judge had excluded a criminal defendant’s uncle from viewing jury selection to keep the prospective jurors from mingling with [...]

Judge grants limited press access to jury selection in key Kansas murder trial

The Associated Press and other media outlets gained a partial victory in contesting a judge’s decision to close jury selection for the trial of a man who allegedly murdered a late-term abortion provider in Kansas. The Kansas Supreme Court asked the judge to reconsider his decision and in a subsequent ruling granted courtroom access only after the [...]

Supreme Court scuttles plan for televising Prop 8 trial

In another 5-4 decision, the U.S. Supreme Court ruled that given the notoriety of the same-sex marriage trial and that the public had insufficient time to comment on the decision to televise the trial, there would be no live telecasts or delayed broadcasts on YouTube. The Court did not rule on whether any federal trial [...]

Supreme Court delays broadcast of California same-sex marriage trial

The federal trial on California’s same-sex marriage ban will open Monday without cameras so that the U.S. Supreme Court has enough time to consider whether to allow the taping of the trial. The court’s order will be in effect until Wednesday, January 13. -DB

First Amendment Center
January 11, 2010
By Mark Sherman

WASHINGTON, D.C. — The Supreme Court is [...]

Federal judge for same-sex marriage trial approves taping but limits live broadcast

Chief Judge Vaugh Walker ruled that court personnel can tape the proceedings of the federal challenge to Prop 8, California’s ban on same-sex marriage, but maintained control by not allowing live broadcast except to federal courthouses in cities in other states. -DB
The Recorder
January 7, 2010
By Dan Levine

SAN FRANCISCO — Chief Judge Vaughn Walker made it [...]

Center to help citizens obtain documents from governmental agencies

The new Center for Open Government at Chicago-Kent College of Law will provide legal help to those seeking documents from local and state governments. -DB

Galesburg Radio
December 27, 2009
A new academic institute will help citizens pry information from reticent governments.

The new Center for Open Government at Chicago-Kent College of Law will represent individuals and interest groups [...]

Prop. 8 proponents object to TV for hearing in federal court

Sponsors of Prop. 8 the ballot measure that banned same-sex in California say that television coverage of the court trial in San Francisco in January would result in harassment and intimidation of witnesses and other participants. -DB

San Francisco Chronicle
December 30, 2009
By Bob Egelko

SAN FRANCISCO — Sponsors of California’s ban on same-sex marriage, which faces a federal [...]

Virginia newspaper uses laptop and cell phone to report trial of neo-Nazi

A federal  judge allowed the Roanoke Times to use electronic devices to file reports from a trial of a neo-Nazi accused of harassing a reporter. Federal courts still generally prohibit photos, broadcasting and most electronic devices. -DB
Full story: The Roanoke Times
December 23, 2009
By Jordan Fifer

Justice Department wants to close trial of Blackwater guards

Citing national security issues, the Justice Department has asked a judge to close the Jan. 7 trial of five security guards who allegedly killed more than a dozen Iraqi civilians. -DB
Reporters Committee for Freedom of the Press
December 21, 2009
By Rory Eastburg

The Justice Department has asked a judge to close a Jan. 7 hearing in the prosecution [...]

Federal court approves television cameras in time for Prop 8 hearing

The Judicial Council of the Ninth Circuit approved television cameras for certain district court hearings, civil proceedings with no juries. Before now the court had only allowed cameras to televise appellate arguments. -DB

Cal Law
December 18, 2009
By Dan Levine
SAN FRANCISCO — The Judicial Council of the Ninth Circuit authorized television cameras in certain district court proceedings Thursday, [...]

No cameras…yet for Prop 8 court challenge

The Northern District chief judge said there would be no TV cameras allowed into court for the federal challenge to Prop 8, but that under a Ninth Circuit governing council is considering a pilot program to allow them. -DB

Legal Pad
A Cal Law Blog
December 16, 2009
By Dan Levine

As of today, cameras will not be permitted to [...]

New rule allows public access to administrative records of California courts

The California Judicial Council approved a new Rule of Court this week giving the public a right of access to administrative records of Superior and Appellate courts and the Administrative Office of the Courts. The rule will be in effect January of next year and is modeled after the California Public Records Act. -DB

Legislative Bulletin
California [...]

Government lawyer argues torture suit too sensitive for public court

Citing national security and state secrets, a Justice Department lawyer argued that the suit involving the CIA and a San Jose company over extraordinary rendition and torture of suspected terrorists cannot proceed in open court. -DB
San Francisco Chronicle
December 16, 2009
By Bob Egelko
SAN FRANCISCO — A lawsuit accusing a Bay Area flight-planning company of aiding [...]

Media project publishes guide to live-blogging in courts

The Citizen Media Law Project has published a guide to live coverage in courts using the social media. Since not all judges allow electronic devices and local laws sometimes prohibit the devices, it is important to know how to avoid legal problems in live-blogging or tweeting in the courtroom.-DB

Citizen Media Law Project
December 10, 2009
By [...]

Judge rules no TV for transit police murder trial

To put the lid on excessive publicity, Los Angeles Judge Robert Perry ruled that there would be no TV for the trial of Johannes Mehserle for shooting an unarmed rider January 1 in Oakland, California. -DB
San Francisco Chronicle

November 3, 2009
By Demian Bulwa

LOS ANGELES — Hours after being assigned to preside over the murder trial of former [...]

ACLU challenges former San Francisco mayor Willie Brown on gag order

Willie Brown is seeking a gag order from a superior court judge for a client facing felony fraud charges. In filing an amicus brief against the order, lawyers for the American Civil Liberties Union of Northern California said the request shows a “shocking disregard” for the First Amendment. -DB
Legal Pad
CaL Law Blog
October 26, 2009
By Kate [...]

Supreme Court chooses Enron case to review impact of publicity on fairness in criminal trials

The Supreme Court granted review of the case of former Enron CEO Jeffrey Skilling convicted in a high profile trial for his role in Enron’s collapse. Skilling claimed that the publicity surrounding the trial created prejudice in the jury and that the federal law criminalizing “honest services” fraud was ”unconstitutionally vague.” -DB
First Amendment Center
Analysis
October 14, 2009
By Tony [...]

Federal judge closes hearings to public in trial of Blackwater security guards charged with manslaughter in Iraq

A U.S. district judge closed the Blackwater manslaughter pretrial hearings to the public, he said, to enable a fair trial by shielding witnesses and potential jurors from a flurry of media reports. -DB

The Washington Post
October 15, 2009
By Del Quentin Wilber
A federal judge blocked the public Wednesday from attending a critical set of pretrial hearings in [...]

First Amendment advocates criticize draft of new rules granting access to judicial records

Senate Bill X4 13 required that the California Administrative Office of the Courts (AOC) adopt new policies to provide public access to nonadjudicative court records, budget and management information. A 19-page draft has now been released for public comment from the present until October 29. So far First Amendment defenders say there should be no [...]

Illinois: Chief federal judge issues opinion against opening court to cameras

Federal District Judge Joe Billy McCade felt it important to open his court to cameras for a hearing in a Champaign, Illinois school racial discrimination suit to ensure wide access. The chief judge issued an opinion critical of the action that prompted McCade to reverse himself. The opinion cited federal law and judicial rule in [...]

Federal judge allows live coverage of race discrimination trial

Citing the importance of allowing the public to get maximum information about a case alleging racial discrimination in Champaign, Illinois, a federal district judge has allowed television, still camera, and audio coverage in the courtroom. -DB

Citizen Media Law Project

September 30, 2009
By Eric P. Robinson
Watch The News-Gazette’s video of the recent hearing on the final consent [...]

Obama’s new policy on state secrets disappoints EFF attorney

An attorney at the Electronic Frontier Foundation argues that the Obama administration did not go far enough in reforming the use of the state secrets privilege. The changes will run a decision through executive layers but still allow the government to invoke the privilege to block a court case without judicial oversight. -DB
Electronic Frontier Foundation
Legislative Analysis
September [...]

Federal judge orders disclosure of data breach in bank Gmail

The Rocky Mountain Bank from Wyoming failed to convince a judge to close the courtroom to hear their case against a Gmail user who inadvertently received confidential bank information, according to a September 21 report by Thomas Claburn in Information Week. -DB

First Amendment Coalition joins forces to write stiffer rule for access to court records

The First Amendment Coalition along with the California Newspaper Publishers Association and Californians Aware have submitted written comments on a draft of a Rule of Court to grant the public access to administrative court records. -DB
CNPA Legislative Bulletin
September 16, 2009
CNPA, the First Amendment Coalition and Californians Aware all lodged informal written comments last week on [...]

Federal court orders Guantanamo hearing closed to public

The U.S. Court of Appeals decided they don’t want the public to hear the oral arguments in a Guantanamo detainee case crucial to determining if habeus corpus applies to those held in detention as “enemy combatants.” -DB
The Blog of Legal Times
September 15, 2009
By Mike Scarcella
Everybody out: a three-judge panel of the U.S. Court of Appeals [...]

Obama asks for renewal of Patriot Act provisions sanctioning secret domestic spying

The Obama administration has notified Congress that it backs renewing provisions of the Patriot Act which expires at the end of the year. The provisions include a secret court for granting wiretaps and warrants for records – banking, library and medical. -DB
Wired
September 15, 2009
By David Kravets
The Obama administration has told Congress it supports renewing three provisions [...]

Cuts in newspaper staffs reduce efforts for public access to courtrooms

Observers worry that cuts in newspaper legal budgets will mean fewer challenges to efforts to keep court proceedings secret. Historically, newspapers, small and large, have mounted access battles for the public’s benefit. -DB
The New York Times
September 1, 2009
By Adam Liptak
WASHINGTON, D.C. – You don’t see newspapers fighting to open court proceedings the way they used to, [...]

Broadcom co-founder tries to keep appeal hearing secret

Accused of securities fraud, a co-founder of Broadcom Corp. wants to bar the public from his hearing before the 9th Circuit Court of Appeals. -DB
The National Law Journal
August 20, 2-009
By Amanda Bronstad
Henry Samueli, the co-founder of Broadcom Corp., is fighting to keep the public out of a pending hearing before the 9th U.S. Circuit Court of [...]

Public oversight needed for juvenile justice

The juvenile justice system has improved from a paternalistic system with little regard for the Consitutional rights of the children, but, writes journalist Kathleen Cullinan, the children could benefit from opening juvenile courts to public scrutiny. -DB
The News Media & The Law
Commentary
Summer 2009
By Kathleen Cullinan
Compared with the rest of the American judicial system, juvenile courts operate [...]

Reporters Committee objects to exclusion of public from jury selection in Georgia

The Reporters Committee for Freedom of the Press filed a friend-of-the-court brief to the U.S. Supreme court to review a decision in Georgia that allows a judge to bar the public from courtrooms during jury selection.  The decision runs counter to U.S. Supreme Court precedent. -DB
Reporters Committee for Freedom of the Press
Press Release
August 13, 2009
By [...]

Scant information on Supreme Court Web site

The Supreme Court’s Web site does not offer much information including oral arguments and briefs, merit briefs and petitions. -DB
NextGov
August 7, 2009
By Aliya Sternstein
The public had ample opportunity to parse the words of Justice Sonia Sotomayor on Senate Web sites before she was confirmed on Thursday, but when she begins hearing cases from the nation’s top [...]

No gag order in Chauncey Bailey murder trial

 In the Chauncey Bailey murder, Superior Court Judge Morris Jacobson released 800 pages of grand jury testimony and refused defense pleas to impose a gag order on lawyers. -DB
The Oakland Tribune 
July 31, 2009 
By Thomas Peele
OAKLAND — A judge on Thursday afternoon refused to impose a gag order on lawyers and others involved in the Chauncey Bailey [...]

New York: Journalists among those blocked from bringing electronic devices into federal court

A New York committee is expected to develop a policy placing severe restrictions on electronic devices in the federal court building, except, of course, those belonging to attorneys. -DB
Citizen Media Law Project
July 27, 2009
By Eric P. Robinson
Attorneys in New York are hot and heavy (or should that be a-Twitter?) over rules being drafted by the Southern [...]

Federal judge closes civil trial over prison killing

Constitutional lawyers are saying that when a Los Angeles federal judge closed a two-day trial in the 2005 prison killing of a Jewish Defense League activist, he was likely to have violated the First Amendment. -DB
Los Angeles Times
July 24, 2009
By Carol J. Williams
A Los Angeles federal judge took the highly unusual step of closing a two-day [...]

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