347 So.2d 402 (Fla. 1977), 46835, Petition of Post-Newsweek Stations

Docket Nº:46835.
Citation:347 So.2d 402
Party Name:In re PETITION OF POST-NEWSWEEK STATIONS, FLORIDA, INC. for Change in Code of Judicial Conduct.
Case Date:April 07, 1977
Court:Supreme Court of Florida

Page 402

347 So.2d 402 (Fla. 1977)

In re PETITION OF POST-NEWSWEEK STATIONS, FLORIDA, INC. for Change in Code of Judicial Conduct.

No. 46835.

Supreme Court of Florida.

April 7, 1977

Talbot D'Alemberte of Steel, Hector & Davis, Miami, for petitioner.

Joseph C. Jacobs of Ervin, Varn, Jacobs & Odom, Tallahassee, for Fla. Ass'n of Broadcasters, Inc.

Parker Lee McDonald, Orlando, Chairman, for the Fla. Conference of Circuit Judges.

Richard C. McFarlain, Tallahassee, Asst. Director, for The Fla. Bar.

Robert Eagan, State's Atty. and Donald A. Lykkebak, Asst. State's Atty., for State of Fla.

Page 403

Ellis S. Rubin of Ellis Rubin Law Offices, Miami, for Rommie L. Loudd.

A. Broaddus Livingston, Chairman, Tampa, and Larry S. Stewart, Chairman-Elect, Miami, for Trial Lawyers Section of The Florida Bar.

Gary C. Williams of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for Soc. of Professional Journalists, Sigma Delta Chi, Southeast Region and Greater Miami Chapter, intervenor.

Richard E. Gerstein, State's Atty., and N. Joseph Durant, Jr., Chief Asst. State's Atty., for Fla. Prosecuting Attys. Ass'n, amicus curiae.

Harold Peter Barkas, Miami, for Academy of Fla. Trial Lawyers, amicus curiae.


SUNDBERG, Justice.

By interlocutory opinion filed in this cause on January 28, 1976, reported at 327 So.2d 1 (Fla.1976), which decision has been several times supplemented to provide, inter alia, for inclusion of still camera photography, this Court has sought to have conducted for experimental purposes one televised civil and one televised criminal trial. The purpose of the experimental trials was to provide the Court additional data upon which to base its decision concerning the proposed modification of Canon 3 A(7) of the Code of Judicial Conduct of the State of Florida.

Among the guidelines imposed by the interlocutory decision was the requirement that all participants in such experimental trials consent to the experiment. The Court has met with total failure in securing the conduct of a trial in which all participants will consent, within the deadline of April 1, 1977, for conducting the experimental trials. However, it remains the view of this Court that a test period during which trials will be conducted at which the electronic media and still photographers will be present is essential to a...

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