Petition of Post-Newsweek Stations, Fla., Inc., POST-NEWSWEEK

• Decision Date: 11 May 1978
• Docket Number: POST-NEWSWEEK,No. 46835,46835
• Citation: 358 So.2d 1360
• Parties: 3 Media L. Rep. 2614 Petition ofSTATIONS, FLORIDA, INC., for Change in Code of Judicial Conduct.
• Court: Florida Supreme Court

Page 1360

358 So.2d 1360

3 Media L. Rep. 2614

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

No. 46835.

Supreme Court of Florida.

May 11, 1978.

Rehearing Denied July 5, 1978.

See 359 So.2d 1195.

PER CURIAM.

By Supplemental Interlocutory Decision filed April 7, 1977, ¹ implemented by Order filed June 14, 1977, ² which adopted standards of conduct and technology, this Court invoked a pilot program authorizing coverage of judicial proceedings in the courts of Florida by the electronic media and still photographers in order to assist the Court in reaching a reasoned decision upon the petition of Post-Newsweek Stations, Florida, Inc., for modification of Canon 3 A(7), Code of Judicial Conduct. By the terms of the orders the pilot program shall terminate at 11:59 p. m. on June 30, 1978. To aid the Court in evaluating the pilot program it was requested that all media participants, all parties hereto, and all participating judges furnish the Court a report of their experiences under the program at its conclusion.

A request has been received from counsel representing Post-Newsweek Stations, Florida, Inc., under date of March 3, 1978, that the Court (i) allow current submission of papers evaluating the experiment to date and (ii) allow the continuation of full media coverage after July 1, 1978. It is suggested that petitioner be permitted to file papers in support of its petition within 30 days after April 1, 1978, with all other parties being authorized to respond within 30 days from the filing by petitioner. It is further suggested that all parties be permitted a short time after July 1, 1978, within which to supplement their papers.

In consideration of the foregoing:

(1) The pilot program shall terminate at 11:59 p. m., June 30, 1978, as designated by the decisions of this Court filed April 7, 1977 and June 14, 1977, respectively. The provisions of Canon 3 A(7), Code of Judicial Conduct, ³ shall govern the presence of electronic media and still photographers in the court facilities of this State after June 30, 1978, and until further order of the Court in this cause. The avowed purpose of the pilot program authorized in these proceedings was to aid this Court in reaching a reasoned decision upon the application for modification of Canon 3 A(7). No cause has been made to appear to require a modification of the procedure earlier established and, in fact, a revision of this procedure arguably will impede the orderly consideration of the issues by this Court.

(2) To promote the orderly presentation of views evaluating the pilot program and arguments supporting or opposing modification of Canon 3 A(7), proponents of the petition for modification shall be allowed until June 15, 1978, within which to submit written argument and supporting materials. Opponents to the petition shall be allowed until July 15, 1978, within which to respond in writing to arguments of the proponents and submit supporting materials. Proponents shall then be allowed until July 31, 1978, to reply to arguments of the opponents.

(3) Consistent with paragraph numbered 9 of this Court's Order filed June 14, 1977, ⁴ all media participants, all parties hereto, all participating judges, and any member of the public who has participated in the experiment are invited to furnish to the Court, during the period commencing July 1, 1978 and ending July 31, 1978, a report of their experiences and views under the program.

It is so ordered.

ENGLAND, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.

OVERTON, C. J., concurs in part and dissents in part with an opinion, with which ADKINS, J., concurs.

BOYD, J., concurs in part and dissents in...