Tuesday, January 15, 2013

Cameras in South Dakota Trial Court Proceedings

In his 2013 State of the Judiciary Message last week, South Dakota Supreme Court Chief Justice David Gilbertson reviewed the number of requests made by the press for audio, video and photographic media coverage of trial court proceedings pursuant to a new South Dakota Supreme Court Rule that went into effect on July 1, 2011. He stated that of the sixty-one requests made, forty-four had been acted upon. The Chief Justice explained that "[i]n seven cases, the judge and attorneys agreed to full access. In 21 cases, the judge granted audio access. Access was denied in 18 cases." Stating that "[t]he determination of access is up to the attorneys and/or the judge based on the facts and circumstances of each individual case," he concluded that he believed "this continues to provide a fair balance between public access to the judicial proceedings and the right to a fair trial."

In one of its reports on the Chief Justice's Message, KELOLAND.com stated that 36 states allow cameras in the courtroom without many restrictions, while 6 require permission of all parties involved to use cameras. Also included in this report are links to audio and video clips from several recent high profile cases, including the sentencing proceedings for Eric Robert and Rodney Berget, confessed killers of Officer Ronald Johnson. In another story, KELOLAND.com reported that there had been no complaints about how the system of allowing expanded media coverage works.

(This entry was originally written and posted by Marsha Stacey)

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