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 [...]

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 [...]

Prop 8 hearing: Strict enforcement of laws against assault needed rather than curtailing TV coverage

A Citizen Media Law Project blogger argues that the Supreme Court should recognize that it is against California law to assault witnesses and that not televising the proceedings will not protect witnesses in what promises to be a widely publicized event. To allow the broadcast on YouTube would provide a boost to freedom of the [...]

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 [...]

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, [...]

In Separate Moves, State and Federal Courts in California OK Policy Changes Allowing Greater Public Access

BY PETER SCHEER — The courts in California are often criticized for being out of step with the rest of the country. A willingness among judges to deviate from national orthodoxy is not necessarily a bad thing, however.
Just this week the administrative arm of the California Supreme Court adopted a rule providing public access to [...]

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 [...]

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 [...]

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 [...]

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

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, [...]

Princeton opens online site to provide free court records

The Center for Information Technology Policy at Princeton has started to provide free access including those oU.S. appellate, district and bankruptcy court records. -DB
NextGov
August 19, 2009
By Aliya Sternstein
A group of academics have unveiled an online tool to make federal courts transparent by providing free public access to court records—and they are encouraging the White House to [...]

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 [...]

Prominent retired judge urges bar association lawyers to stop filing court documents under seal

Retired federal judge, congressman and White House counsel Abner Mikva says too many lawyers routinely file court documents under seal without compelling public policy reason as justification. -DB
Reporters Committee for Freedom of the Press
July 31, 2009
By Rory Eastburg
Abner Mikva – retired federal judge, congressman, and White House counsel – urged lawyers at the American Bar Association [...]

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 [...]

Sotomayor indicates support for cameras in Supreme Court

In Senate confirmation hearings, Supreme Court nominee Sonia Sotomayor said she favored camera access in the high court but said should she be confirmed she would act with circumspection in making her views known to the Court. -DB
First Amendment Center
Analysis
July 16, 2009
By Tony Mauro
WASHINGTON, D.C. — If the Senate confirms Sonia Sotomayor as the next justice [...]