ILNews

Fate of courtroom cameras still unknown

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The federal judge vying to become the next justice on the U.S. Supreme Court favors having cameras in court and says she might be interested in furthering their use at the nation's highest court that has resisted the idea for decades.

During her second day of confirmation hearings Tuesday before the Senate Judiciary Committee, 2nd Circuit Judge Sonia Sotomayor responded to a senator's question about cameras in the courtroom by saying she's participated and volunteered to have cameras in the courtroom, and has had a positive experience allowing the access. While she would listen to all arguments from her Supreme Court colleagues on that procedure if confirmed, she also hinted that she might be a persuasive new voice on the topic.

But even with that hint of change, the Hoosier legal community continues waiting on word from the state's justices about whether a pilot project for cameras in Indiana trial courts will continue. While arguments are broadcast online for the two appellate courts, the trial level has generally been off limits up until the court decided to investigate a change in that procedure.

Justices have been considering the issue for 16 months, since a report was submitted for review to determine what may be in store for Indiana's trial courts as far as camera accessibility. The appellate docket for Pilot Project for Electronic News Coverage in Indiana Trial Courts, No. 94S00-0605-MS-00166, shows no activity since March 27, 2008.

At that time, the Indiana Broadcasters Association and Hoosier State Press Association submitted a final evaluation and summary of the pilot project that lasted from July 1, 2006, to Dec. 31, 2007. The report showed the 18-month process was positive based on those recordings but overall disappointing, since only six proceedings were filmed in eight different courtrooms scattered throughout the state. Evaluators noted that the state's consent rules hindered the tapings, and to improve the process the Indiana Supreme Court could modify that to allow media to record proceedings with only the approval of participating judges, rather than all of the parties involved in a case.

Court spokeswoman Kathryn Dolan told Indiana Lawyer today that the court is still considering the issue and hasn't made a decision.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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