Broadcasting Telecasting (Apr-Jun 1957)

and television coverage should be permitted at court trials. Now, what caused you to grant the stations the right to cover the Graham trial, which indeed was the biggest trial this state has seen in many years. TRIAL JUDGE McDONALD: Well, there were many factors which I considered before making my final decision. First, of course, was the Supreme Court decision. Secondly, I'd say the fact that I could not justify exclusion of any news media, under the decision. And. thirdly, I suppose I could find no legal or moral reason for not permitting such coverage in the trial. Q: Now. Judge McDonald, you laid down certain rules in granting access of radio and television stations to the trial. Would you outline them for us briefly? McDONALD: Well, briefly, I recall that I insisted that the people involved remain in a fixed position. In the case of radio and television in the booth, none of the personnel were to leave the booth until the court stood in recess, and of course, no artificial lighting was permitted — all the television pictures were made with the natural lighting and what artificial lighting then existed in the courtroom. Q: Were you able to see and hear any of the television and radio coverage of the trial, judge? McDONALD: I heard none of the radio coverage. However. I did see some of the television broadcasts and newscasts. However, most of the time by the 10 o'clock news. I was in bed during the trial. Q: From what you were able to see, do vou think the stations gave a fair reflection of what happened at the trial? McDONALD: From what I saw, I'd say it was an excellent reproduction of what did occur in the courtroom that day. And it was very interesting to me to be sitting on the other side of the bench during the viewing of these pictures. Q: Do you think the public benefited in any way from the television and radio coverage, Judge McDonald? McDONALD: I do. In view of the fact very few people do get to see what goes on in our courts. I believe this was an excellent opportunity and from all reports that I got from people who did view the accounts on the television screen, they were greatly pleased and somewhat surprised by the pictures. Q: Now, do you feel that the presence of radio and television equipment in the court hampered in any way the rights to a fair trial for the defendant? McDONALD: Obviously I don't, or I wouldn't have permitted it. I don't feel that any of his rights were violated by permitting radio and television coverage. Q: Well now. do you think this equipment had any effect on the witnesses or on the jury? McDONALD: You will recall that I advised all witnesses and all jurors that the proceedings were being covered by television and radio. No witness objected. No juror objected. Except, as you also recall, at one point the defendant, when he took the stand, did request that the cameras and the sound equipment be turned off, and we honored his request at that time. Q: However, he submitted an affidavit asking specifically for the barring of tele ELECTRONIC JOURNALISM IN THE COURTROOM THIS is title frame from freedom of access film which was produced by Denver area stations. vision coverage, but you did not grant that request. Why was that, Judge? McDONALD: I didnt grant that request because I felt that the defendant himself, as to the general over-all coverage of the trial, has no rights in the premises, that it was up to the court to determine whether or not his rights were being violated and of course. I felt they were not being violated by permitting this type of coverage at this trial. Q: Well now. Judge McDonald, have you had occasion to regret, then, the fact that you did permit radio and tv to cover this trial? McDONALD: No, I do not regret having permitted it. and if it were requested again in the proper case, I would again permit it — and of course, the cooperation of the people who were involved, like yourself, was greatly appreciated by the court. HOW RADIO-TV IN DENVER ADHERES TO COURT ORDER A SET of rules governing conduct of broadcasters in reporting court proceedings is used in Denver, where the Denver Area Radio & Television Assn. has pioneered electronic journalism in the courtroom. The rules were drawn up after the Colorado Supreme Court, in defiance of the American Bar Assn.'s Canon 35 ban on electronic reporting, had ruled the media should have the right to cover court proceedings under controlled conditions. NARTB's Freedom of Information Committee is planning to set up its own rules of procedure for guidance of all broadcasters. These rules will incorporate provisions of the Denver document, along with the operating principles used by broadcasters in covering court trials under jurisdiction of the Kansas Supreme Court and rules used in other areas. Here is the set of rules agreed to by all Denver radio-tv stations: 1. All tv and radio coverage of trials must be pooled. Arrangements to broadcast or photograph a trial, arraignment, argument on motion, or any other preliminary hearing must be made through the secretary of the Denver Area Radio and Television Assn. Initial contact with the presiding judge of the particular court must be made only through the secretary. 2. When the secretary has obtained permission, make certain that the personnel who cover the proceedings contact the judge and introduce themselves and arrange to have the equipment set up prior to the opening of court. Explain to the judge what coverage is planned and. if the judge raises objections, modify the plans to meet his objections. Also, find out from the judge whether arrangements are to be made with the judge personally or with his clerk or bailiff. 3. Always address the judge as "Your Honor" or "Judge." 4. Always ask permission of the clerk or bailiff to see the judge in his chambers. 5. Dress properly for court. A coat and necktie are a must. 6. Regardless of how others may act in court, all radio and tv personnel should conduct themselves with dignity and do everything possible to preserve the decorum of the courtroom. 7. Always stand when the judge leaves or enters the courtroom and remain standing until the judge has assumed his position upon the bench or has left the courtroom. 8. Formal proceedings in courtrooms. other than trials or matters preliminary thereto, such as swearing in ceremonies of new judges, lawyers, etc., may be covered by radio and tv without contacting the association's secretary. Prior permission should be obtained from the presiding judge and all other rules of conduct as set out herein must be observed. If more than one station appears to cover the proceedings, ask the court if he desires pooled coverage. If he does — pool. 9. Individual appearances of judges, attorneys, defendants, witnesses, jurors, or any parties in chambers or outside the courtroom should be handled with extreme care and discretion but need not be pooled. Always obtain prior permission from the judge for such coverage. 10. Do everything possible at all times to make the coverage as unobtrusive as possible and make sure that microphones, cameras, and other equipment are as inconspicuous as possible. Care should be taken to make any wiring needed as unobtrusive as possible. 11. Do not use microphones or other equipment with visible station call letters in the courtroom. Your observance of these rules will insure our being allowed access to the courts. Broadcasting • Telecasting May 13. 1957 • Page 143