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i(/1tO /O¢,r at first hand th( (4,.ral [he miedia during a sensition
t. he i, ies n~'~s'dih ufranm tht /rwe¢4 iinage of t-he judicil branth
contributing to citizens' confidence in plemented news coverage with com- abandon traditional modes of com-
the judiciar. How trials are portrayed mentary and opinion from expert munication, which are time-consum-
might also impact the jury pool for legal panels. A sizeable percentage ing to adiuinister; and (3) embrace
future cases. Jury commissioners rely of the United States population new media by distributing court doc-
on a positive impression of the court watched as a jury acquitted the uments online, creating case-specific
system to help attract jurors. retired football star of murder. websites, and releasing information
This article examines court-media After the Simpson verdict, cover- via e-mail and text messages. These
relations in an age of new technol- age of high-profile trials continued, recommended changes may help
ogy and a shifting and evolving in both traditional and newer media. court professionals improve their
media. After reviewing works on The popularization of the Internet relationship with the media and
court-media relations, experiences led to a subsequent growth of web- ensure that timely and accurate
during the Michael Jackson trial are sites dedicated to high-profile cases. information reaches the public.
analyzed to add to our knowledge of There was also even TV re-creations
how trial court professionals can of trials. Given this expansion in the How courts communicate
communicate more effectively with number and type of outlets covering The literature on how courts com-
the media during high-profile cases.2 high-profile trials, court profession- municate with the media during
als need to increasingly explore how high-profile trials peaked during the
The media and they communicate with the media. 1990s, in the aftermath of the Simp-
high-profile trials The relationship between court son case. Perhaps the most signifi-
High-profile court proceedings date professionals and the media touches cant contribution to this subgenre of
to the trial of Socrates in 399 B.C. on issues as lofty as First Amendment court management literature is lan-
and in the United States to the law and as mundane as event plan- agingNotorious Trials, t which was first
Aaron Burr treason case of 1807. ning. The general rules court profes- published by the National Center for
However, much of what has been sionals should follow in their State Courts in 1992, and expanded
written about the relationship relationship with the media remain in 1998. That book, along with works
between court professionals and the the same no matter what form of published by the National Associa-
media has been published in the past communication is used: don't lie, tion for Court Management,- the
20 years. This increase in scholar- return phone calls quickly, proac- American College of Trial Lawyers,"
ship was likely spurred not only by tively distribute all available informa- and by an assortment of magazines,
the growth of the court management tion, and provide a judicial newspapers, and journals, provides
profession, but also by the prolifera- justification if certain information the basis of the overview that follows.
tion of new media outlets. If court cannot be released. In each case, The overview is divided into three
professionals were not aware of the judges and court professionals pro- categories: (1) ii-person communi-
increased media interest in high-pro- vide information the public should cation; (2) traditional forms of com-
file trials by 1995, then the case of know about, and also build trust with munication; and (3)newer forms of
People v. Simpson that year should cer- journalists who are covering the trial. communication.
tainly have sounded the alarm. The Court professionals can communi- In-person communications. During a
sensational trial of 0J. Simpson was cate with the media through: (1) in- high-profile trial, it is often difficult
covered by an unprecedented num- person contact via a news conference, to meet directly on a daily basis with
ber of print and television reporters. a pool producer, or press pool com- all reporters-including those pro-
News cable networks provided mittee; (2) traditional modes of com- riding coverage for nontraditional
round-the-clock coverage, and sup- nmnication such as hard-copy press formats such as blogs. Further, jour-
releases, telephone hotlines, and nalists are increasingly covering
faxes; and (3) newer modes of com- high-profile cases from afar, whether
3. For two notable exceptions, see Donald R.
Fretz, et a., Jui(1E's PUBLIC INFORMATION MANU x munication utilizing the Internet in an overflow room near the court-
(Berkeley: Project Benchmark, 1976); and "Isenti- such as websites, e-mail, RSS feeds, room or from an office located far
eth Century Fund, Task Force on Justice, Public-
in,, and the First Amendment, RaiC.F INCONFICT podcasts, listservs, blogs, wikis, and from the trial site. Court profession-
(New ork: McGrawHill, 1976). als should consider this increased
4. Timothy Murphy, et al. AMLICAGING NOORI-
online social networks. Each of these
oL's TRE:',,s 40 (WAilliamnsburg, Virginia: National forms of communication offer oppor- diversity of coverage methods when
Center for State Courts, 2d ed.1998). tunities to relay accurate and timely deciding how to communicate.
5. Src National Association of Cout Manage-
ment, Media Guide Project Subcomm., Mt unk information. For example, court professionals
GttDE PRIECT 1 (1994). Among other recommendations, may choose either to announce the
6. An. Coll. of Iial Lawyers, REtJPORT ON tFMI-
TRIAL or HIGa-PRonun CASLS (1998), avaiabbe at this article suggests that court profes- news at a broadcasted press confer-
http: ,/w/v\w.actl.com /AM/nIemplate.cfntSec- sionals should: (1) consider working ence, distribute it electronically
uni All Publicaotions&Template=iCMiContent-
Display. ctm&ContentFilelD=73. with a full-time pool producer; (2) through Internet-based technolo-
www.ajs.org JUDICATURE 53
gies, or to rely on a media represen- trial, many of whom may be away (3) morality to assure this privileged
tative to spread the word. In addi- from the trial site. Further, courts position is not abused. A pool pro-
tion, court professionals making often lack adequate facilities and ducer that possesses these qualities
plans that affect the media may wish technologies needed to host a news can be a tremendous help during a
to learn about the media's prefer- conference. Given these considera- high-profile case, as is evident from
ences by consulting with a represen- tions, methods other than news con- the Jackson case, discussed below. A
tative panel ofjournalists. With these ferences may be more flexible and pool producer who lacks these quali-
issues in mind, the following is a may enhance communication. ties may do more harm than good.
brief survey of how court profession- Pool producers. Since many individ- Press pool committees. Press pool
als can communicate through news ual trial courts lack a public informa- committees are another way to main-
conferences, pool producers, and tion officer, court administrators may tain an ongoing relationship with the
press pool committees. appoint a court employee or enlist media during a high-profile trial.
News conferences. During Bush v. the talents of the state public infor- Such a committee usually meets reg-
Gore, Florida Supreme Court mation officer to serve as a court liai- ularly with court professionals to dis-
spokesman Robert Craig Waters son to the media. A court liaison can cuss relevant logistical issues, and
engaged in both informal biiefings work with a "pool producer" who the serves either with or instead of a
and formal news conferences.' How- media appoints to serve as its repre- media liaison.' At least one authority
eve; while appellate courts such as the sentative. In high-profile cases, it is favors a press pool committee, rather
Florida Supreme Court can often rely typically in the best interest of the than a lone media liaison," because
on a court-supported public informa- court and the media to enlist the meeting with a committee allows
tion officer or other external relations services of a pool producer court professionals to communicate
specialists, many trial courts do not Regardless of the pool producer's with a greater number ofjournalists.
have these kinds of resources. Trial professional background, this per- Serving on a press pool committee
court officials also have to consider son needs the support of the court, can be an effective way fbrjournalists
the effect of their news conferences and should be kept informed about covering a case to voice their con-
on jurors and witnesses. each court decision that the media cerns without taking on the time-con-
Despite the common tise of news riay need to report. Since pool pro- suming task of serving as pool
conferences, the trial court manage- ducers often have a journalism back- producer. However, press pool com-
nent literature seems to either disfa- ground, it is important for court mittees can also be problematic if the
vor or ignore formal conferences professionals to establish which coi- self-interest of individual committee
hosted by court professionals. Man- munications are on the record and members results in meetings mired in
aging Notosious Trials offers no advice which are not. Though a pool pro- dissent rather than consensus. Fur-
on how court professionals should ducer may assume tasks involving ther, though press pool committees
conduct news conferences, and greater responsibilit, that person can be an effective resource for court
expresses a preference for less direct must at a minimum be available to administrators before a trial begins,
modes of communication.' Other relay questions from the media to they may be less effective during tri-
works recommend that court profes- the court, and to communicate the
sionals use formal news conferences court's answers to all members of the
7. SeeRobert Craig Waters, 7lchnological Tans-
sparingly.' Another source recom- media covering the trial. pareiy: Ap)elate Court and Medi Relations After
mends that court professionals who A few court professionals have Bush v. Gore, J, App. PRAc. kND PtocEss (Fall
2007). Waters was also a pioneer in posting court
host formal news conferences main- reported success in selecting one documents online.
tain decorum and coordinate with working journalist as pool producer 8. Murphy et al., supra n. 4, at 38-61,
9. J.W.Brown, Media Relaions and theJudiraiwy,
the media in advance if possible. for an entire trial." Others, realizing in Gordon M. Griller & E. Keith Stot,jr. eds., THE
Successful press conferences the liaison position can be time con- IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE
431 (Chicago: American Bar Association, 7th ed.,
require appropriate planning, suming, rely on journalists to serve as 2002).
ample notice to media outlets, and pool producers on a rotating basis. 10. National Association of Court Management,
supra n. 5,at A6-A7.
adequate facilities and technolox; During more recent trials, however, 11. Murphy et al., s1ra n. 4 at 41. An NBC
said Peter Shaplen, a pool producer given the possible conflicts inherent reporter served successfully as a media liaison
during the 1089 trial of Oliver North in the
who has worked on several high pro- in relying on working journalists to United States District Court for the District of
file trials. Shaplen argues that "plan- serv e as a pool producer and the time Columbia, and the state of Wisconsin has a rule of
court that dictates that tie liaison position rotate
ning" of any kind of media event the position consumes, the media among a list ofjournalists known to the court. Id.
well in advance is difficult with and the courts have agreed to use a 12. This approach was used in Peqple v.Jackson.
13. In US. v. Mlcreigh, the high-profile trial of
respect to the demands of the press full-time salaried pool producer.' Oklahoma City bomber Timoh) McVeigh, mem-
and public for information. Notice Pool producers must possess: (1) bers of the press pool committee, a group
selected by the press to represent its issues,
is also problematic, given the speed credibility to gain the trust of both the divided the responsibilities of the liaison position
at which events occur in high-pro- court and the media; (2) objectivity to to give themselves more time to report on the
case. Murphy ct al., supra u. 4, at 42.
file trials. Often it is difficult to fairly communicate the viewpoints of 14. National Association of Court Management,
reach all journalists covering the both the court and the media; and supra in.5, at 9.
www.ajs.org JUDICATURE 55
communications if the technology practical obscurity is that though a important today, as both traditional
functions properly. Frequent interac- general common law right to inspect and n ontraditionaljournalists rush to
tion with information technology staff court records exists, court profession- post content to the Internet. The
is thus essential when using the Inter- als should use their supervisory advantages the Internet offers as a
net to communicate with the media. power over such records to reason- platform for the court to share infor-
Need for caution when using the ably limit public access. The theory is mation with the public and media is
Internet during a high-profile trial. that the privacy of individuals is pro- so substantial that court professionals
Mistakes made during the Kobe tected by restricting access to these managing a high-profile trial should
Bryant case illustrate that court pro- documents to specific places and consider making it central to their
fessionals must exercise care when times. An ardent proponent of prac- communications strategy.
posting court documents online. In tical obscurity would likely argue that
the Bryant case, a Colorado trial anyone interested in obtaining court The Michael Jackson trial
court sealed the name of the woman records should have to travel to the An examination of how the court in
who accused the basketball star of courthouse where the records are the Jackson case communicated with
rape. Despite this seal, the court kept and make a written request the media contrasts the prior conven-
posted the name of the alleged vic- before gaining access. tional wisdom about how court pro-
tim on the Internet on three sepa- Such protection is valuable, sup- fessionals should communicate
rate occasions .2 Though the court porters of practical obscurity argue, during high-profile trials with a prac-
publicly and privately apologized to not just to protect individuals from tical assessment of which forms of
the alleged victim, the mistake identity theft, ' but also from institu- communication worked. The Jackson
caused embarrassment and likely tions like insurance companies that trial, though it never quite captured
harmed public perception of the may set rates based on, say, litigation public attention of the magnitude of
court. Court professionals in the patterns in specific jurisdictions. The the Simpson case, was covered by
Bryant case attempted to aid the debate is likely to continue among 2,200 credentialed journalists. As the
administration of justice by making those who favor greater public access highest profile trial thus far this cen-
timely and accurate information to court information that the Inter- tury, and the first trial of its magni-
available online, but inadvertently net provides, those who favor the pri- tilde to occur during the Internet
released information that the judge vacy afforded sensitive documents age, court professionals planning for
had ordered sealed.21 The release of stored in the court clerk's office, and the next high-profile trial may find
the alleged victim's name was later those who favor a middle ground. valuable the approaches used and
cited by some members of the media However, the widespread interest the lessons learned.
as a reason that she ceased to coop- in high-profile cases causes great Santa Barbara County has two
erate with prosecutors, leading to demand for court documents, mak- main courthouses. One is in the
dismissal of the case." ing restrictions on access more cum- resort town of Santa Barbara, while
Karen Salaz, the current district bersome. The greatest limitation in the other is located in Santa Maria, a
administrator for the 19th judicial Dis- making records, which are tradition- bedroom community of 83,000 peo-
trict of the State of Colorado and for- ally in paper form, more widely avail- ple about 65 miles to the north. Since
mer public information officer for the able are the budgetary restrictions the late Michael Jackson's home, the
Office of the State Court Adininistra- courts face as making records avail- famed Neverland Ranch, is closer to
tor, points out that the alleged victim's able online requires an expensive Santa Maria than Santa Barbara, the
name was already widely known and infrastructure, dedicated resources pop singer was tried there on child
available on the Internet by the time to scan and upload documents, and
the court inadvertently released it. people to manage documents, 26. Kirk johnson, ,'a'ie oJ Brvant Arcuser is
Salaz said that the release of the name including completing state- and fed- Again Mistakenal Released, N.Y. Times, July 29,
2004, at 16. In the first incident. the Bryant case
had no impact on the case, and added erally-mandated sensitive informa- trial court erroneously posted onto the Colorado
that of nearly 800 documents posted tion redactions. State Judicial Branch's website an unredacted
document naming the alleged victim., d In the
in the Bryant case, only two were Advocating for the Internet. second incident. court staff accidentally e-mailed
released with the alleged victim's Despite the need for courts to closely the transcript of a closeti hearing to several media
outlets. Id. The third incident involved a clerk
name. Nonetheless, the Bryant case monitor the content of documents again erroneously posting a court document that
demonstrates that the benefits of shar- posted online, most authorities included the name of the alleged victim.
27. Id.
ing published infoirmation through believe the Internet is a valuable tool 28. Id.
posting court documents online can for communicating with the media." 29. Kirk Johnson As Accuser Balks, Piroe, utors
Drop Kobe Btont Rape Case, N.Y Times, Sept. 2,
be diminished if confidential informa- In 1998, the Amnerican College of 2004, at 1.
tion is distributed on the Internet. Trial Lawyers noted that journalists 30. See, e.g., Ariuintla Bradford Bepko, Publi
Avadabiit' or Pla'tical Obscurity: The Debate Over
Practical obscurity. Those opposed need "prompt and equal access" to Public Access to Court Records on the Internet, 49
to distributing court records online timely court information so they can N.YL. Sct. L. Ri. 967 (2005).
31. See e.g., Murphy et at., spra n. 4, at 48-49:
often point to the concept of "practi- provide accurate reporting on the Brown, supr ci. 9, at 429.
cal obscurix." The argument behind courts. 12 Such access is even more 32. Mn. Coil. of Trial Lawyers, supra ii. 6, at 3.
communicating with the media. of free labor to the court. For exam-
ple, during jury selection, the media
requested direct access to question-
naires completed by 240 potential
ences to a minimum. As a result, the Jackson trial. Before Parker gave jurors. The court opposed both plac-
though he was available to give infor- his conference, news that a verdict ing personal juror information
mal media briefings, he gave just one had been reached leaked after Fox online and printing and distributing
formal news conference-or a "live News heard the information over a the questionnaires to reporters, and
statement" news conference since no law enforcement radio. With left it to Shaplen to find another
questions were answered-during advanced planning, Shaplen believes way." Distributing this information
the Jackson trial. On June 13, 2005, that the news conference could have took Shaplen more than a day. With-
Parker stood alone in front of a been held earlier, thus minimizing out Shaplen, this time-consuming
microphone outside the courthouse the likelihood of such leaks. Shaplen task would have fallen upon either
and announced thejury had reached agrees that news conferences are an Parker or his staff. Further, Shaplen
a verdict. He gave no other news con- effective way to communicate break- saved the court staff significant time
ferences because he didn't believe ing news, if the conferences are each day by issuing temporary press
that "the court should have its face in planned in advance. passes to journalists who lacked a
the camera," and that the trial, not Pool producers during the trial. The permanent seat in the courtroom.
the court, should be the news. Jackson trial demonstrates that a Working with a pool producer
However, live statement news con- pool producer can contribute much saved the court time in other ways.
ferences do ofler a fast and easy way to the court's efforts to communi- Prior to Shaplen's arrival, Parker and
to communicate information when cate, provided both the court and other court staff members were over-
time is of the essence. The verdict in media trusts the pool producer. The whelmed by telephone calls, emails,
the Jackson case was announced first pooi producer used during the and in-person inquiries. Shaplen's
soon after the jury reached a consen- Jackson case was a former head of subsequent presence, coupled with
sus. Therefore, few forms of commu- the California Broadcasters Associa- the launch of the court's Michael
tion who had also worked as the pool Jackson case website, greatly reduced
33. Shaplen first attempted to place the juror producer during the high-profile those inquiries.3
information on a password-protected website Unabomber case. Despite his pedi- Also, on at least two occasions,
administered by a local Kinko's. However, the
copying company refused the account, presun- gree, the pool producer was combat Shaplen had a direct impact on the
ably because of the controversial nature of the ive and uncommunicative, at one public and media's access to viewing
Jackson trial. After much argument, Shaplen
eventually placed the questionnaires on CD- time shouting at Parker during a and understanding proceedings.
ROMs that were then sold to the media at a nom- conference call. The media shared Though Shaplen very rarely had
inal price.
34. Parker estimates he worked more than t0 Parker's dissatisfaction with the pool access to Judge Rodney Melville, the
hours a week during the Jackson case. He flurther producer, and dismissed him before jurist presiding over the Jackson
estimates that he and his staff likely would have
spent an additional 30 hours per week answering jury selection in the Jackson case case, he did convince -the judge to
telephone, in-person, and e-mail inquiries fcnm even began. permit a live audio broadcast of the
journalists seeking essentially the same infocma-
tion that Shaplen could learn in about a half-hour. Conveniently, by this time, the verdict. Though ordinarily such an
www.ajs.org JUDICATURE 57
achievement would seem modest, itance occurred on the day former agreed-the timing of courtroom
Judge Melville was famously strict, child star Gary Coleman attended breaks remained a point of con-
and barred all electronic devices the trial as a correspondent for a Los tention-the committee provided an
from the courtroom during the Angeles radio show. Anxious to easy way for the court to engage fac-
trial. To convince Melville to allow gather footage, some journalists left tions within the press corps.
broadcast of the verdict, Shaplen their assigned space on the court- Though it never officially dissolved,
showed the judge news coverage of room grounds and swarmed Cole- the steering committee stopped meet-
the Martha Stewart trial, where a man. Though Parker asked Shaplen ing soon after pool producer Shaplen
ban on broadcasting the verdict led to diffuse the chaotic scene, the pool was hired. Shaplen's desire to be the
to erroneous news reports. "The producer did nothing. "We asked sole intermediary between the court
[coverage of the Stewart verdict] Peter to deal with it," Parker said. and the media, combined with the
really made a mockery of the court "But when it came time to control an need ofjournalists on the committee
system," Parker said. "The court has issue, he wouldn't tell the press to to focus on their day jobs once the
an interest in the information deliv- back off. He just kind of stood by and trial was underway, led to the group's
ered. If people hear inaccurate watched." Shaplen believes the diminished presence.
reports, that's what they remember." blame should properly be placed on Though it did not work out during
With this in mind, Judge Melville Coleman, who ignored court deco- the Jackson case, court professionals
allowed the audio broadcast of the rum and internal media procedures, should strixe to meet regularly with a
verdict in the Jackson trial, and a and noted that the crowd that spon- press pool committee throughout a
worldwide audience received accu- taneously formed around Coleman high-profile trial. A comnittee not
rate and timely news of the jury's dispersed soon after it formed. only strengthens the communication
"not guilty" verdict. Press pool committees during the paths between court professionals
Shaplen also contributed to the trial. During the Jackson case, the and the media, but also serves as a
transparency of the process by con- press pool committee was called the check on the pool producer's power.
vincing the judge to allow jurors to media "steering committee," a term "What if the [pool producer] is in
hold a post-verdict news conference Parker despised, despite his belief the hip pocket of a [media] net-
inside the courtroom. To convince that the committee provided valu- work?" Parker said. "The steering
Judge Melville of the need for this able information. Soon after the committee was a sure way for more
news conference, Shaplen accurately media began assembling in Santa members of the media to be heard
informed him that journalists had Maria to cover the case, Parker by the court."
alreadyjotted down the license plate began meeting twice a month with a
numbers of jurors-whose names dozen reporters who comprised the Traditional forms
were never released by the court- committee)' He selected a diverse of communication
and that producers were staking out group of journalists for the commit- By 2005, the year Michael Jackson
each of the juror's homes. Shaplen tee, which included members of stood trial, some of the traditional
argued that if the court provided a both the local and national media methods that court professionals
venue for the jurors to speak, much who worked in print, television, and used to communicate with the media
of the media's interest in them radio. This group was instrumental had become obsolete. Telephone
would subside, thus preventing possi- in helping to coordinate nuts-and- hotlines and printed press releases
ble harassment of the panel. Judge bolts media issues that the court seemed inadequate in the electronic
Melville was swayed by Shaplen's knew nothing about. Through this age. " During the Jackson trial, the
argument, and even allowed the committee, Parker learned about court released just two printed press
pool producer to pitch the idea technical matters such as the intrica- releases, and never operated a hot-
directly to the jury. Though some cies of satellite broadcast technology. line. To illustrate the perils of distrib-
jurors did give media interviews after He also learned which media outlets uting paper press releases, Parker
the trial, the news conference likely were actually subsidiaries of other recalls personally handing out copies
spared the panel from the frenzy media outlets, important informa- of the charging document filed
that would have ensued had they tion to know when assigning court- against Jackson to hundreds ofjour-
been released from the courthouse room seating. nalists, just moments after it was filed
without having uttered a word. During the trial's early stages, this with the clerk's office. "I was mauled
Disadvantages of working with a committee helped the court resolve
pool producer during the trial. Though unexpected issues, such as how to
35. Parker does not remember how the com-
Shaplen was not an agent of the honor the media's right to fly helicop- mittee became known as the steering committee.
court, Parker is critical of Shaplen's ters over the courthouse while not dis- However, the committee served the same role as
the press pool commitee previously referred to.
reluctance to intervene when the rupting the school across the street. "This group was advisory," Parker said. "[Steering
media became overly aggressive dur- (The solution: have the helicopters fly committee] suggests they had control of the
process, which was never true. Tihe court never
ing the trial. A prime and somewhat 1,000 feet higher.) Though the court relinquished iesponsibility, hut we listened."
humorous example of Shaplen's hes- and the committee occasionally dis- 36. Murphy et at., supra n. 4, at 47.
www.ajs.org JUDICATURE 59
ments. Furthermore, the informa- party from going online. "It's tough," should be kept to a minimum. News
tion reached each journalist at said Salaz, the public information conferences should also be planned
exactly the same time, regardless of officer during the Bryant case. "It's a in advance, so that they can occur
their location. matter of doing everything you possi- quickly to minimize leaks.
The court's online distribution of bly can. There's no perfect software Court professionals who hold news
Jackson case information also allowed to use as a redacting tool." Court offi- conferences should communicate in
the clerk's office to serve customers cials dealing with high-profile cases a brief, prepared live statement, like
who were not seeking information in the future should plan for the that issued during the Jackson trial.
about Jackson. The criminal clerk's time-consuming process of vetting Because of the unpredictable nature
office in Santa Maria is a small modu- court documents. of a live news conference, and the
lar building whose public waiting area likelihood that journalists will ask
could scarcely hold a dozen people. Recommendations about the facts of the case, even expe-
Without the website, a line of journal- As the Jackson case illustrates, rienced court professionals should
ists would have no doubt formed out advances in technology allow courts consider limiting their news confer-
the door each time a document was to abandon older forns of communi- ences to the "live statement" fornat.
filed. After the website launched, no cation for newer, more efficient ones. Pool producers: An efficient way to
one visited the clerk's office asking to Below is a rundown of how court pro- communicate with the media. A full-time
view the Jackson case file. fessionals facing a future high-profile pool producer appointed and funded
Disadvantages of posting court infor- trial should use in-person, older, and by the media can be a blessing to busy
mation online during the trial. Those newer forms of communication. court professionals. During the Jack-
who object to posting court records In-person communications: Not son case, the Santa Barbara County
have the concept of practical obscu- going away. Court professionals man- Superior Court successfully worked
rity on their side. Furthe; there is lit- aging high-profile trials likely lack with a media-funded pool producer
tle to be gained from posting certain the time to speak with hundreds of who was not covering the case. If court
documents, like divorce records. reporters individually each day. How- professionals develop a good working
However, the California Rule of ever, they will likely always need to relationship with a pool producer
Court enacted to allow a website in maintain some direct contact with unencumbered by other responsibili-
the Jackson case applies only to the media to answer questions and ties, that producer can save the court
"extraordinary trials," and not to the address concerns. What follows is a money and time, and may even
daily business of the courts., Parker summary of three ways to maximize improve the administration ofjustice.
was concerned that making more these communications. First, news To experience a successful rela-
information available online would conferences, though valuable in cer- tionship with a pool produce, court
add fuel to the fire of an already tain situations, should be used spar- professionals must overcome an
high-profile case. But the sheer vol- ingly. Second, skilled pool producers understandable hesitance to delegate
ume of interest convinced him that a can be an important asset to court what might noinally be a court func-
website was necessary to meet the professionals looking to communi- tion-such as the release of the jury
needs of the media, while allowing cate with journalists while saving questionnaires during the Jackson
court staff to complete work unre- money and time. Third, a press pool case-to the pool producer. Court
lated to the Jackson case. committee can function as a valuable professionals must also trust the pool
The biggest drawback to posting educational tool for the court, while producer, and communicate openly
information online came from the providing members of the media a with that person. "As a court adminis-
time spent redacting court docu- forum for their concerns. trator you want [the pool producer]
ments."2 Redactions would have been News conferences: Best kept to a mini- to be successful," Parker said. "For
required even if the court did not mum. Despite the hesitance many the relationship to work, you have to
post documents online. However, court professionals have about hold- rely on him fotr information, and you
the potential for the Internet to ing news conferences, the Jackson have to give him information." This
reach millions of people instanta- trial demonstrates that in moments give-and-take, though perhaps ini-
neously made thorough redactions that require immediate action, live
particularly important. Parker said statements can be a valuable method
41. See(\. St a-Ca R. 2.503(e). There is still
he and members of his staff checked of communicating information. Even much resistance in California to posting court
and rechecked court documents to information online, and the rule that payed the
court professionals who rely on other way for a jackson trial website was approved by the
assure that the private information forms of communication should be Judicial Council only after much discussion.
of the parties, or the identity ofJack- aware that a news conference is an 42. Though the public generally has a common
law right to examine court records, that power is
son's child accuser, was not acciden- efficient way of sharing information not absolute, and may be limited ifit hinders the
tally released. On at least one with the media. However, because administration of justice. See,e.g., United States v.
Beckham. 789 F. 2d 401 (6th Cir 1986). Thus,
occasion, only a last minute check news conferences have the unfortu- courts commonly redact the names of alleged ic-
for private information prevented nate effect of focusing attention on tims in sensitive cases, with the idea that publiciz-
ing such names may prevent others similarly
the address and phone number of a the court, rather than the case, they situated fIor coming forward.
www.ajs.org JUDICATURE 61
Communicating, from page 61
appellate courts as well, we should QUINTIN CUSHNER
adventurous court professionals may recognize that there may be impor- is a 2009 graduate of the University
of Arizona James E. Rogers College of
discover a new innovation that could tant differences in how media rela-
Law who covered the Michael Jackson
improve how courts communicate tions are handled at different levels case as a reporter for Lee Central
with attorneys and members of the of courts. As noted earlier, state Coast Newspapers.
public who are conducting less-publi- appellate courts may have a Court
cized court business. Information Officer (Public Infor- ROGER E. HARTLEY
is an associate professor in the
mation Officer) and may also have
School of Government and Public
Conclusion the support of the state Administra- Policy at the University of Arizona.
High-profile cases showcase the tive Office of Courts. State trial (rhartley@eller.arizona.edu)
courts and have lasting implications courts may not have this support and
for creating opinion, Court profes- many of our suggestions and find- DARREL PARKER
sionals who work on high-profile trials ings reflect this. These potential dif- is an assistant executive officer of the
Santa Barbara County Superior Court.
have the opportunity to leave a posi- ferences, we believe, are important
tive impression of the court system enough for further study. v,
with the media, and by extension, the
public. Conversely, court profession-
als can contribute to a negative
impression of the judicial branch and
harm public confidence in the
administration of justice. How effec-
tively court professionals communi-
cate with the media depends largely
on the methods used to get that mes-
sage across. News conferences, pool
producers, press pool committees,
traditional forms of communication,
and the Internet are all tools that
court professionals can use in relay- Murphy's Qwick-Ship"
ing timely and accurate infonnation
to the media. These forms of commu- Judicial Robes offer the
nication necessitate close interaction best of all worlds,
between the ndia and court offi-,
cials, and can lead to better planning with guaranteed
and conflict 'management.
However, not all of these modes of satisfaction. Ordei
communication are created equal. on-line or call
Court professionals handling future
high-profile trials should strive to fos- for your free
ter a productive relationship with the
media, either through a pool pro- catalog today!
ducer and/or a press pool commit-
tee, both of which help the court to
communicate its message. Finally,
court professionals should increas-
ingly rely on the Internet and other
newer forms of communication. Such
use of newer technology by court pro-
fessionals not only facilitates the dis- MURPHY
tribution of information in a fair and ROBES
efficient mannel; it also announces to
the world that court professionals are
fluent in the dominant communica-
tion forms of the "sventy-first century.
The focus of this article has been
www.MurphyRob
court-media relations as experienced 800-876-8774
by state trial courts. While much of
what we argue applies to federal and