The Indiana Publisher

At the urging of the Indiana Supreme Court, a committee is laying the groundwork for a rule change that could lead to cameras being allowed in trial court proceedings. A work group comprised of some members of the Justices' Community Relations Committee and Court Security Committee are working on recommendations dealing with the confl uence of technology, public transparency, jury privacy and security. The groups are led by Marion County Circuit Court Judge Sheryl Lynch and Montgomery County Superior Court 1 Judge Heather Barajas. The judges have invited Hoosier State Press Association to participate in the discussions. Indiana Judicial Conduct Rule 2.17 prohibits the broadcast of audio or video from a trial court without permission of the Supreme Court. The media can employ cameras during argu- ments before the Supreme Court and Indiana Court of Appeals. The broadcast ban goes back decades — to a time when photographers carried large cameras with popping fl ashbulbs for indoor shots and when TV cameras were behemoths that were as large as the man operat- ing it. And a high-profi le case could see reporters rushing out of the courtroom to fi le the latest news fl ash, ignoring the commo- tion they caused in the middle of testimony. It's understandable how the Indiana Supreme Court viewed cameras as a distraction for judges, attorneys, witnesses and the jury and detrimental to a defendant's right to a fair trial. But that was then and now is now. Cameras can be mounted on a wall and operated from outside the courtroom so they are hardly noticeable. The on-and-off switch can be controlled by the judge, which was the set up during the last Supreme Court pilot project looking at cameras in the courtroom in Lake County in 2012. Cell phones are so ubiquitous that people can expect to have their picture taken anywhere, so cameras in the court shouldn't make anyone more nervous than they already are as witnesses. That doesn't mean there aren't issues that need to be addressed in any policy/rule change. Jury privacy remains a paramount concern of the Justices. The issue of witness separation will also impact live coverage of testimo- ny. Some cases will force judges to consider the safety of witnesses who might be targeted for retribution, from gang members for example. While legitimate concerns, I don't believe any of the concerns should preclude the ability of reporters to transmit audio and video from a trial or hearing. First things fi rst though. The work group's fi rst task is to complete a recommendation that would allow reporters to take cell phones, iPads or laptops into the trial courtroom – not to record the proceedings, but allow them to tweet or upload stories written while they sit in the gallery. Sounds simple enough. But if the privilege is only offered to reporters, who will determine who is a legitimate journalist that should be trusted to follow court procedures and limitations on the capture of images and sound in the court? Then there's access to courtroom security camera footage. It may not have any audio, but the video could be newsworthy. Should requesters under Indiana's Access to Public Records Act be allowed to get a copy of such video even if there's a ban on its dissemination? That was the conclusion of the Indiana Court of Appeals late last year in WPTA-TV v. State of Indiana, 86 N.E.3rd 442. Can reporters take their electronic tools into the court- room? Who is a journalist? Should there be parameters on the use of court security video as a disclosable public record? These are questions before the work group now, but the ques- tions surrounding media cameras in the court are queued up for consideration next. Page 4 March 2018 ... I don't believe any of the concerns should preclude the ability of reporters to transmit audio and video from a trial or hearing. Key Points Steve Key Rule change could allow cameras in the courtroom Nina Mason Pulliam Charitable Trust $1,000 Environmental Journalism Award The Nina Mason Pulliam Environmental Journalism Award was created through a grant by the Pulliam Trust to the Hoosier State Press Association Foundation to recognize Indiana journalists for outstanding reporting on environmental issues. Beginning in 2018, the annual award will be a part of the HSPA Better Newspaper Contest. It will be presented at the Newsroom Seminar where Indiana newspaper journalists are honored each year. Hoosier State Press Association Foundation

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