The public wants more news from the courts - with television video and newspaper photos - but they don't want the coverage to jeopardize the fairness of trials.
That's the message of a recent Dan Jones poll, conducted for the Commission of Justice in the 21st Century, says Scott Matheson Jr., University of Utah law professor."The public is discouraged by TV, sound-bite journalism, and they don't want sound-bite coverage to carry over to the courts," said Matheson.
Three years ago, Matheson took a year off from his teaching duties to serve as a prosecutor in the Salt Lake County attorney's office. As a prosecutor, Matheson observed on the firing line the "healthy tension" that exists between the press and the judiciary.
"While television cameras would enhance the accuracy of court coverage, their presence is not an unqualified good. There's always the potential of sensationalism. But problems could be reduced if the press and courts work closely together.
"It would be unrealistic and undesirable for the press and the courts to have the same goals. The press serves an important watchdog function."
Most disturbing to Matheson is that 90 percent of those interviewed favored prohibiting broadcasting information that might affect a fair trial.
"Fair reporting is important, but if the court restricts the press, then I'm very troubled. The U.S. Supreme Court has made it clear that prior restraint on the press is disfavored."
Courts have many tools such as a venue change to deal with pretrial publicity. All these tools should be exhausted before a "gag order" is placed on the press.
The responsibility for fair journalism lies in the newsroom. Reporters, working with editors, should at least consider if the news value of a story justifies the risk of compromising the court proceeding.
Televising courtroom proceedings would give people insight into what really happens in a courtroom. The popularity of shows such as "L.A. Law" has resulted in the number of law school applicants - who are filled with unrealistic expectations - increasing dramatically, said Matheson.
Broadcasting court proceedings would likely decrease the grandstanding and second-hand trial reports lawyers tend to promote on the courthouse steps. "I'm a traditionalist. As a general rule lawyers should reserve what they have to say about their cases to the courtroom."
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(Chart)
The Media and the Courts
Television broadcast of court proceedings should be permitted.
51% approve 45% disapprove
Television broadcasts of court proceedings should be permitted even during testimony of rape or child abuse victims.
Approve 13% Disapprove 85%
Reporters should be prohibited from publishing/broadcasting inforamtion that might affect a fair trail.
Approve 90% Disapprove 9%
Judges should have the right to restrict lawyers from discussing cases with reporters.
Approve 85% Disapprove 14%
Photographers should be permitted to take still pictures at court trials.
Approve 55% Disapprove 43%
"Doing Utah Justice" poll, conducted by DFan Jones & Associates. 612 interviews.