Click on each answer to see whether you’re right and for an explanation.
True or False? Because courts aren’t covered under freedom of information or sunshine laws, citizen journalists have no right of access to courts or trials.
True
Incorrect. While it is true that freedom of information and sunshine laws do not extent to the courts, there are longstanding principles supporting open courts that extend to citizen journalists’ rights to attend court hearings and obtain court documents.
False
Correct. While it is true that freedom of information and sunshine laws do not extent to the courts, there are longstanding principles supporting open access to courts, and particularly to criminal proceedings. These rights generally extend to citizen journalists’ access to court hearings and court documents.
True or False? Whether you can videotape or photograph a court hearing varies by jurisdiction and can be a matter of discretion for the judge.
True
Correct. Whether you can photograph or videotape court proceedings varies from jurisdiction to jurisdication and, even where permitted, specific rules and procedures can apply. It is best to check with the court clerk and/or to seek permission and work out logistics in advance.
False
Incorrect. While Court TV and others are pushing for broader camera access to court proceedings, the rules vary considerably from jurisdiction to jurisdiction.
True or False? You may not interview judges, clerks, bailiffs or others who work in and around courts.
True
Incorrect. Some of the best tips and best quality court coverage is a direct result of interviews with court personnel. While they are not obligated to sit for interviews, they can and often do provide helpful information.
False
Correct. While you should be polite and not disruptive in terms of when, where and how you address court personnel, keep in mind that they can provide you with helpful information about court proceedings.
True or False? Judges will not discuss the merits of the cases before them.
True
Correct. Judges are supposed to try to maintain impartiality and it generally would be improper for a judge presiding over an ongoing case to discuss the merits of that case with the press. However, judges will sometimes answer questions about general court procedures, issues relating to the courthouse and justice system-related topics.
False
Incorrect. Judges are supposed to give an appearance of impartiality and it generally would be improper for a judge presiding over a case to discuss the merits of that case with the press. However, judges will often answer questions about general court procedures, issues relating to the courthouse and justice system-related topics.
True or False? Court documents that are not available online are private.
True
Incorrect. While courts are making more and more documents available online, many documents exist in courthouse files and they are generally available to the public upon request.
False
Correct. Case files are generally under the control of the clerk of the court and are available to the public upon request. Court documents can provide an immense wealth of information, including facts, sources and potential story ideas.
What should you do if you’re told that a court proceeding is closed to the public?
A. Leave quietly and find another trial to attend.
Incorrect. Courts in free societies generally are not supposed to operate as closed tribunals. You will be performing a public service if you choose another response.
B. Make a huge fuss and refuse to leave.
Incorrect. While you should seek to preserve your right to attend a court proceeding, you need to do so politely and must obey instructions from the judge.
C. Stand up and politely but firmly address the court. Identify yourself as a citizen journalist covering the court proceeding for the public and request a reason for closure of the proceeding and reconsideration.
Correct. The judge may reconsider and allow you to stay. If the court refuses, it should provide a basis for closing the proceeding that will be recorded in the trial transcript and can serve as a basis for following up with legal action.
Which of these practices related to court documents could get you into legal trouble? Click on each to find out whether it’s safe or risky and for an explanation.
A. Quoting a very detailed criminal complaint that accuses the defendant of lewd, offensive, violent conduct.
Safe. So long as you accurately quote an official court document and attribute facts within to that document, you are legally protected against a libel claim under the fair report privilege. However, to help ensure the accuracy, fairness and quality of your reporting, you should always seek out the other side of the story.
B. When handed a case file, there’s a document contained within an envelope stamped “SEALED UNDER ORDER OF THE COURT.” You’re sure it’s going to be the smoking gun you’ve been waiting for and you open it and quickly make a copy.
Risky. If you violate a court order, including an order to seal a document, you can be held in contempt and subject to fines and other penalties. If you find a document is under seal, try to find out why it is and seek legal advice on whether there’s a productive way to challenge that order and to legally obtain access.