Extension of Media Coverage for a Further Experimental Period, In re, 82-581-M

• Decision Date: 31 December 1982
• Docket Number: No. 82-581-M,82-581-M
• Citation: 454 A.2d 246
• Parties: In re EXTENSION OF MEDIA COVERAGE FOR A FURTHER EXPERIMENTAL PERIOD. P.
• Court: Rhode Island Supreme Court

Page 246

454 A.2d 246

In re EXTENSION OF MEDIA COVERAGE FOR A FURTHER EXPERIMENTAL PERIOD.

No. 82-581-M.P.

Supreme Court of Rhode Island.

Dec. 31, 1982.

OPINION

PER CURIAM.

The Media Advisory Committee presented a recommendation to the court that the experiment allowing broadcasting, televising and photographing of court procedures as previously allowed by Provisional Order No. 15 be continued for an additional year. We have considered the memorandum of recommendation submitted by the committee and have also examined supporting materials filed therewith. Among these supporting materials were:

(1) A questionnaire submitted to members of the judiciary.

(2) Resolution of the Rhode Island Bar Association.

(3) Reports of hearings conducted by the committee at which comments by members of the judiciary, members of the bar and members of the public were received.

(4) Letter from the Attorney General.

(5) Additional letters transmitted to the committee and the court expressing opinions in respect to media access.

Upon consideration of these materials and communications, we are of the opinion that the recommendation of the Media Advisory Committee to continue the experiment for an additional year should be followed. However, by way of guidance to the Media Advisory Committee which shall serve as the monitoring agency for an additional year, we feel that the following comments should be made.

The Media Advisory Committee shall continue to monitor the experimental program, and all trial participants are requested to cooperate with the committee or its agents in implementation of its evaluation. In all instances the committee shall obtain prior approval from the trial justice for the submission of questionnaires to or the holding of interviews of jurors.

As indicated in the initial guidelines, rulings and determinations by the trial justice shall be obeyed by all representatives of the media. Grievances shall be processed in accordance with guidelines No. 13 and No. 14, but no such processing of grievances shall delay or stay any order that may have been given by the trial justice and/or the Presiding Justice or Chief Judge of the trial court.

Our consideration of the results of the experiment has disclosed that the public educational value of media ¹ access has, to this point, been of so limited a value as to be nearly imperceptible. We are of the opinion that the public understanding of the judicial system and its procedures has not been substantially furthered by televising, broadcasting or photographing during the experimental period. We therefore call to the attention of representatives of the media their obligation to further the goal of public education. This goal is the sole justification for the assumption of additional burdens by trial judges and other participants in the trial process in adjusting to and dealing with the presence of broadcasting, television, and still photography in the courtroom during court proceedings.

We shall observe with great interest the additional information derived from this further period of experiment and suggest to representatives of the media that the burden of proof in the weighing of benefits of media access against its disadvantages has been placed upon them.

For the reasons stated, the recommendation of the committee is adopted, and Provisional Rule No. 15 shall be amended in accordance therewith.

AMENDMENTS TO GUIDELINES PROMULGATED IN ACCORDANCE WITH PROVISIONAL ORDER NO. 15

MEDIA COVERAGE

Provisional Order No. 15 adopted by this court April 22, 1981, and amended on August 14, 1981, is hereby further amended to extend the experimental period of coverage for an additional year beginning January 17, 1983, and...