Our loyal Law Law Land readers already know about the intrigue that surrounds so-called court “reality” shows like Judge Judy and The People’s Court. (For those who missed it, I broke the shocking news that — brace yourselves, people — those “courts” aren’t really courts at all.) So where can avid followers turn for a glimpse of real-life justice? In many cases, the public’s view of the inside of a court trial is limited to the lifelike renderings of the courtroom’s sketch artist. But occasionally, a judge decides to allow a video camera into the courtroom and we can watch the proceedings for ourselves.
Last month, Los Angeles Superior Court Judge Michael Pastor ruled that a television camera will be allowed in the courtroom for the involuntary manslaughter trial of Michael Jackson’s former doctor, Conrad Murray, for which jury selection began last week. Judge Pastor asked for the “absolute least-intrusive placement” of the camera and prohibited cameras from being present at jury selection.
Judge Pastor was able to make that ruling because in state courts in California, pursuant to California Rule of Court 1.150, “Photographing, recording, and broadcasting of courtroom proceedings may be permitted as circumscribed in this rule if executed in a manner that ensures that the fairness and dignity of the proceedings are not adversely affected.” Specifically, a judge “in his or her discretion may permit, refuse, limit, or terminate media coverage.”
In making his decision, the judge must take into account a whole litany of factors, including: the importance of maintaining public trust and confidence in the judicial system; the importance of promoting public access to the judicial system; the parties’ support of or opposition to the request; privacy rights of participants; the maintenance of the orderly conduct of the proceeding; and any other factor the judge deems relevant. In sum, a state court judge has a ton of discretion, especially because he can consider “any factor [he] deems relevant.” (I, for one, would propose a few additional factors for consideration, like “how to best avoid an O.J. Simpson trial-style media circus” or, a closely related inquiry, “how to not be Judge Lance Ito.”) Continue reading the full story . . . »