| 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.
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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.
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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.
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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.
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Establish and/or support a bench/bar/media committee which will meet regularly
in every community to address issues of mutual concern.
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Adopt professional standards for journalists that are non-binding and encourage
industry-administered certification.
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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.
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Encourage judges to explain, on the record, the reasons for their rulings.
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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.
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Encourage media organizations to develop an ombudsman system to hear recommendations
from the courts and the public wherever feasible.
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