The Indiana Publisher

Page 4 July 18, 2013 Coverage of courts impacts society T here's a symbiotic relationship between the media and the courts. As former Indiana Chief Justice Randall Shepard once said, they both need each other. I was reminded of this last week while participating on a panel concerning the importance of access to judicial records at the annual meeting of the National Association of Government Archives & Records Administrators in Indianapolis. Shepard said newspapers needed a robust court system to provide the First Amendment protection that journalists need to effectively serve as a watchdog on government activity. Conversely, the courts need a robust newspaper presence to disseminate information on the judicial process and decisions of judges and justices. As Shepard pointed out, the judicial branch has no army to exert its co-equal power with the legislative and executive branches of government. Judicial power derives from the support of the people. The transparency of the court system – open hearings and available documents – allows the public to understand the role of the court as a check on potential abuses of the other branches of government and the dispenser of justice. With few citizens in a position to follow the courts on a regular basis, the media becomes the eyes and ears for the public. While one may argue whether the George Zimmer man trial was over-exposed, the daily live coverage of the case coupled with analysis allowed anyone with any interest to know what transpired and perhaps why it happened. While many may disagree with the verdict, there was not a cry for civil unrest but a call for an examination of factors that may have contributed to the result – whether it's racial profiling or "stand your ground" laws. The verdict of the jury was accepted. On a national level, many were unhappy back when the Supreme Court effectively Key Points By Steve Key determined the outcome of the 2000 presidential election with its Bush v. Gore decision. But the country accepted the court's decision. In an era where newspapers have been forced to cut reporting staffs and examine how to allocate the resources they have in putting together a daily or weekly newspaper, I hope coverage of the courts doesn't diminish. In addition to democracy's need for court coverage, stories on lawsuits and criminal prosecutions often shine a light on issues that may call for a national dialogue on public policies or reflect the attitude of a nation that is ever-changing. An 1866 U.S. Supreme Court case (ex parte Milligan) found the trying of civilians in military courts unconstitutional when civilian courts HSPA Hotline The following questions came from The Daily World (Linton), Vincennes Sun-Commercial, and The Salem Leader: Q Can a town council allow a member of the media into an executive session? What ramifications could occur if a media member reports on what happened in the meeting? We had it happen locally, and the media member reported on the demotion of the town marshal. The report included great detail about what the council didn't like about the marshal's job performance. A Whether or not an executive session is held depends on the subject matter discussed. In your case, it sounds like it was to receive information about reported misconduct of an employee, which can be done in an executive session. If the entity can hold an executive session, it can determine who should be allowed to attend that executive session. If officials want to allow a reporter in, they can do so. It's highly unusual. I think I may have heard of one other instance where that occurred. Once a reporter is allowed to observe, there isn't any statutory basis to prevent the reporter from writing about the executive session. In a similar fashion, public agencies can keep their personnel files confiden tial at their discretion, which means they also have the discretion to release information from the files. Q A Does Indiana have a requirement that local/municipally owned water companies publish their financial statement? The answer depends on the amount of independence the municipal utility has from the city. If the mayor and city council run it, for example, then its operation would be part of the city's annual report. Hence there would be no requirement for a separate public notice. If the utility has a separate board with the authority to levy taxes to pay for the operation and its budget is greater than $300,000, the municipal utility would, under IC 5-3-1-3.5, be required to publish a public notice of its annual financial report within 60 days after the end of the calendar year. Q The county economic growth partnership wants its process to be more transparent. It's a private, non-profit entity, but are there any ramifications from the Open Door Law that the partnership needs to take into account as it develops a new policy on meetings, such as allowing the public to attend? A Unless the organization receives subsidies from county and/or local government units, the Open Door Law will not apply to it and officials can develop their own rules concerning the openness of board meetings. The entity should be applauded for a decision to be more transparent. That attitude is rare in the arena of economic development. They can develop a general rule of having board meetings open to the public, which can be dramatically impacted by the success or failure of the efforts to encourage growth. That transparency can be balanced by rules that would spell out subjects that the board reserves the right to meet confidentially to discuss. No one would expect the board to hold an open meeting where the name of a potential company would be made known against the wishes of that company when the result would be the elimination of a county as a site for a new facility. Citizens understand the need for discretion when negotiations are under way, but they do have a vested interest in whether the growth partnership expends its resources in a responsible way. Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427. are still operating. The case has seen new attention in an age of terrorist acts. Plessy v. Ferguson said separate but equal was constitutional in 1896. The change in public attitude was reflected 60 years later when that Supreme Court case was overturned in Brown v. Board of Education, ushering in the desegregation of the country. The divorce proceedings of then-General Electric CEO Jack Welsh shocked Americans and corporate stockholders into examining the extraordinary compensation being received by corporate leaders. Scenic Hudson Preservation Conference v. Federal Power Commission in 1965 said citizens don't have to show economic hardship from a project to have standing to sue if a project creates environmental and aesthetic harms – opening a new examination into environmental impacts of economic projects. Local courts also reflect a community. People weren't shocked in 1982 when a Carmel 9-yearold filed a small claims law- suit because she didn't get a toy in her box of Cracker Jack. That seemed par for the course for that affluent area. And Hamilton County law enforcement received loud and clear the message sent by a jury that acquitted a safecracker. Police caught the ex-con carrying a paper bag with $1,000 as he left the scene of a heist at a hardware store on Noblesville's town square. But the jury didn't like how law enforcement staked out the store based on insider information. The police got a tip about the plan and stood by as accomplices broke into the rooms above the hardware store and chopped a hole in the floor so they could drop down into the store and unlock the door for the safecracker to enter and apply his expertise. The courts contain a wealth of stories and shouldn't be neglected by today's newsrooms. Steve Key is executive director and general counsel for HSPA. Network Continued from Page 1 A panel discussion and round-table discussions led by Indiana adver tising executives will round out the day. Rossetti's suggestion for getting the most out of the Advertising Conference? Share. And listen, he said. "It's not just the rookie sales reps who benefit," Rossetti said. "Veterans need fresh ideas and ways to rejuvenate enthusiasm too." In her first of two morning sessions, Wirges will share best practices for publishers and managers to communicate with and motivate their advertising staffs. She will discuss the different skill sets necessary for highperformance ad sales teams, including methods to create a selfdirected work force. Later during a progressive prospecting discussion, Wirges will emphasize persuasive communication. In the afternoon, she will teach methods to lower client resistance and offer ways to address objections. During lunch, three Indiana newspaper leaders will present a Register now for the Advertising Conference at HSPAfoundation.org/ events or return the registration brochure ad departments received by mail. panel discussion on Publishers' Pearls and Perils. The training portion of the day will end with rotating round-table discussions led by state advertising managers and publishers. A reception with heavy hors d'oeuvres will proceed the awards presentation. Without publishing anything new, the Fayetteville Observer ad package created new, year-long revenue in just one week! Contact Advantage Newspaper Consultants today to learn more about creating NEW annual revenue with your existing core products. Fayetteville Observer's Platinum TV ad package exceeded revenue goal in less than a week! Ask us about our digital editions! 910-323-0349 | info@newspaperconsultants.com | www.newspaperconsultants.com

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