Petition of Post-Newsweek Stations, Florida

• Citation: 347 So.2d 404
• Decision Date: 14 June 1977
• Docket Number: No. 46835,POST-NEWSWEEK,46835
• Parties: PETITION OFSTATIONS, FLORIDA, INC., for Change in Code of Judicial Conduct.
• Court: United States State Supreme Court of Florida

Page 404

347 So.2d 404

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

No. 46835.

Supreme Court of Florida.

June 14, 1977.

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

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

Parker Lee McDonald, Tallahassee, 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.

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

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

C. Gary Williams of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for Society and 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. Pros. Attys. Assn., amicus curiae.

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

PER CURIAM.

Pursuant to this Court's Supplemental Interlocutory Decision filed April 7, 1977, 347 So.2d 402, the parties of record in the cause have submitted proposed standards of conduct and technology to govern electronic media coverage of proceedings in the courts of Florida during the one year pilot program invoked by the Supplemental Interlocutory Decision. In addition to the proposed standards, the Court has received response to the Supplemental Interlocutory Decision filed on behalf of the Chief Judge of the Eleventh Judicial Circuit of Florida and Sunbeam Television Corporation. The Court's conferee met with a special committee of the Circuit Judges' Conference, counsel of record and other interested parties on May 21, 1977, at which time equipment was demonstrated and implementation of standards was discussed. It was unanimously recommended at the conference on May 21, 1977, that inauguration of the pilot program be postponed until July 5, 1977, to accommodate the July 4th holiday.

In the response of the Chief Judge of the Eleventh Judicial Circuit of Florida, it was recommended that the pilot program be limited in geographic scope to each of two judicial circuits. We have considered this proposal and rejected it on the basis that it would too severely limit the experience which this Court seeks to gain from the pilot program in order to reach a reasoned decision on the merits of the proposed modification of Canon 3 A(7).

In implementing the pilot program and applying the standards hereinafter enunciated, the authority of the presiding judge conferred by statute, rule or common law to control the conduct of proceedings before him shall in no wise be diminished. In this regard, the same rules of law applicable to inclusion or exclusion of the press or public at particular proceedings or during the testimony of particular witnesses shall apply to the electronic media and still photographers.

In consideration of the foregoing, the following standards of conduct and technology are hereby adopted to govern electronic media and still photography coverage of judicial proceedings in Florida during the one-year pilot program commencing at 12:01 a. m. on July 5, 1977, and ending at 11:59 p. m. on June 30, 1978.

1. Equipment and personnel.

(a) Not more than one portable television camera (film camera 16 mm sound on film (self blimped) or video tape electronic camera), operated by not more than one camera person, shall be permitted in any trial court proceeding. Not more than two television cameras, operated by not more than one camera person each, shall be permitted in any appellate court proceeding.

(b) Not more than one still photographer, utilizing not more than two still cameras with not more than two lenses for each camera and related equipment for print purposes shall be permitted in any proceeding in a trial or appellate court.

(c) Not more than one audio system for radio broadcast purposes shall be permitted in any proceeding in a trial or appellate court. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the court facility. If no technically suitable audio system exists in the court facility, microphones and related wiring essential for media purposes shall be unobtrusive and shall be located in places designated in advance of any proceeding by the chief judge of the judicial circuit or district in which the court facility is located.

(d) Any "pooling" arrangements among the media required by these limitations on equipment and personnel shall be the sole responsibility of the media without calling upon the presiding judge to mediate any dispute as to the appropriate media representative or equipment authorized to cover a particular proceeding. In the absence of advance media agreement on disputed equipment or personnel issues, the presiding judge shall exclude all contesting media personal from a proceeding.

2. Sound and light criteria.

(a) Only television photographic and audio equipment which does not produce distracting sound or light shall be employed to cover judicial proceedings. Specifically, such photographic and audio equipment shall produce no greater sound or light than the equipment designated in Appendix A annexed hereto, when the same is in good working order. No artificial lighting device of any kind shall be employed in connection with the television camera.

(b) Only still camera equipment which does not produce distracting sound or light shall be employed to cover judicial proceedings. Specifically, such still camera equipment shall produce no greater sound or light than a 35 mm Leica "M" Series Rangefinder camera, and no artificial lighting device of any kind shall be employed in connection with a still camera.

(c) It shall be the affirmative duty of media personnel to demonstrate to the presiding judge adequately in advance of any proceeding that the equipment sought to be utilized meets the sound and light criteria enunciated herein. A failure...