District judge supports cameras in the courtroom

U.S. District Judge Mark Bennett supports cameras being allowed in the federal courts and hopes the bipartisan “Sunshine in the Courtroom” bill will pass this time after it made it through the Senate Judiciary Committee last week.

“The federal courts seriously lag the Legislative and Executive branches of our federal government in allowing media camera coverage of the peoples' business,” Bennett said today. “Nearly all states allow video/audio coverage in their courtrooms and nearly four out of five allow direct television coverage of trials. The Iowa state courts have been a national leader in this area and have more than a quarter decade of positive experiences that federal courts can draw on.”

The Legislation was introduced by Sen. Chuck Grassley which would allow federal trial and appellate judges to permit cameras in the courtroom. Grassley, along with Sen. Charles Schumer of New York, have led these efforts over the last several years. The bill has broad bi-partisan support and has passed through the judiciary committee several times in the past. The chairman of the committee, Patrick Leahy of Vermont, also supports the legislation.

“Our judicial system is one of the best kept secrets in the United States,” Grassley said last week. “Letting the sun shine in on federal courtrooms will give Americans an opportunity to better understand the judicial process.”

Bennett said the bill gives federal judges the discretion to balance the rights of a fair trial for the defendant and prosecution against the public's First Amendment rights of access to the courts.

“I have great faith in my colleague's abilities to draw these important lines,” Bennett said.

The ban of cameras in the federal appellate courts, specifically the U.S. Supreme Court, where no witnesses testify or juries are present, “is virtually indefensible,” Bennett said. He can understand certain situations where he might not allow cameras, such as when a young child or a confidential informant testifies because of intimidation or out of safety concerns.

“No citizen should have to go to the expense of traveling to Washington D.C., wait in line, sometimes for hours  and be able to watch for a only a few minutes the vitally important business of our nations highest court,” he said.

Bennett thinks every person in America with a television, computer or cell phone should be able to watch in real time the nation's highest court.

“Cameras in the nations' federal courts  would demystify one of our nations  best kept secrets, improve transparency , promote public confidence and increase the public's faith in the integrity in our federal courts,” Bennett said.

Chief Judge Linda Reade declined to comment on the legislation at this time.

Forty-eight states permit some form of audio-video coverage in their courtrooms and at least 37 televise trials, according to Grassley's office. Studies and surveys conducted in many of those states have confirmed electronic media coverage of trials boosts public understanding of the court system without interfering with court proceedings. About 15 states have conducted studies aimed specifically at the educational benefits that are derived from camera access to courtrooms. They all determined that camera coverage contributes to greater public understanding of the judicial system.