Q: Do the rules of procedure in Canon 3A(7) authorize photographing
jurors during that phase of the trial in which the jury is returning its
verdict?
A: Yes. Section 2(e) in the first sentence specifies, "Expanded
media coverage of jury selection is prohibited." In the second sentence
Section 2(e) specifies, "Expanded media coverage of the return of the
jury's verdict if permitted." The rule specifically authorizes visual
coverage of the jury during return of the verdict just as it specifically
prohibits visual coverage during selection of the jury. In all other circumstances
expanded media coverage of jurors is prohibited except to the extent "it
is unavoidable in the coverage of other trial participants or courtroom
proceedings."
Q: What should
a reporter do if steps are taken to prevent expanded media coverage of a
proceeding?
A: The following objection statement is a guideline that can be read
by the reporter:
"Your Honor, I am [name], a reporter for [newspaper, television or
radio station]. I would like the opportunity to resist prevention of expanded
media coverage of these proceedings. I would like to request the opportunity
to contact counsel and have counsel present after a short recess. [If the
court allows you this opportunity, immediately contact counsel. If the request
is denied, then proceed as follows.] A request for expanded media coverage
was made by the Media Coordinator in advance of these proceedings. Expanded
media coverage should be allowed because it will not materially interfere
with the rights of the parties to a fair trial. There are alternatives to
denying participation such as questioning jurors and change of venue, both
of which have been traditionally recognized by courts."
If the objection is made by a witness, the reporter should then continue
as follows:
"Since the objection is made by a witness, the witness must show good
cause for excluding expanded media coverage. Good cause cannot be shown
because the effect of coverage will be no different on this witness than
on other similarily situated members of the public under these same circumstances
and expanded media coverage will not have an effect that is qualitatively
different from the coverage of these proceedings than will otherwise occur.
We therefore request that expanded media coverage be allowed. Thank you."
Q: What are
the ethical restrictions on attorneys' comments and information dissemination
during litigation?
A: The Iowa Code of Professional Responsibility for Lawyers, which
delineates the ethical rules governing attorneys' conduct, includes several
provisions concerning the types of public, out-of-court statements that
may ( and may not) be made by attorneys during various stages of the litigation
process. Different requirements apply during different stages of proceedings;
the requirements also vary depending upon the nature of the proceeding.
As a general matter, the rules permit attorneys to disseminate information
contained in the public record but restrict other types of comments, particularly
those which are deemed to have a possible impact upon the fairness of the
proceeding.
For a more detailed explanation of these rules, refer to Disciplinary Rule
7-107 of the Iowa Code of Professional Responsibility for Lawyers.
Table of Contents
Bicentennial of the Bill of Rights
Introductory Note By Chief Justice
Arthur A. McGiverin
Iowa FOI Council Guidelines
Rules of Procedure for Canon3A(7):
Expanded Media Coverage
Regional Media Coordinators
Glossary