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Page Location: Home » Archives » The American Editor » 1996 » September
The 10 recommendations

Published: November 09, 1996
Last Updated: August 19, 1999
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The recommendations

Here are the recommendations from the national Conference on Media and the Courts held in May at the National Judicial College in Reno.

The recommendations were not unanimous, but represented the view of the majority of the delegates. Members of the legal profession far outnumbered journalists, several of whom wrote letters opposing recommendations 5 and 9.

  1. Encourage and establish continuing interdisciplinary educational opportunities and dialogue for judges, journalists and lawyers to foster an understanding of each other's roles through journalism schools, law schools and the National Judicial College.
  2. Assume access to all court proceedings and records and place the burden of proof for closure on the entity seeking secrecy. Privacy issues may overcome the presumption in appropriate cases.
  3. Refrain from imposing gag orders on the news media or attorneys. The court should seek other remedies in lieu of gag orders except in extraordinary cases.
  4. Establish and/or support a bench/bar/media committee which will meet regularly in every community to address issues of mutual concern.
  5. Adopt professional standards for journalists that are non-binding and encourage industry-administered certification.
  6. Assume that cameras should be allowed in the courtroom, including the federal court system, and that such access should be limited or excluded only for strong reasons.
  7. Encourage judges to explain, on the record, the reasons for their rulings.
  8. Develop a national model to determine when it may be appropriate to compel reporters to testify or produce notes, tapes, etc., with the understanding that the media cannot and should not serve as an arm of law enforcement.
  9. Encourage media organizations to develop an ombudsman system to hear recommendations from the courts and the public wherever feasible.
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