Here are guidelines the Iowa Freedom of Information Council will follow
with regard to Canon 3A(7), since the Council is designated by the Iowa
Supreme Court to help administer EMC. These guidelines are not intended
for use by the courts; rather, they constitute operational guidelines of
the Iowa FOI Council.
1. INFORMATION REQUIRED FOR REQUESTS
The news organization seeking expanded media coverage shall obtain all information
about the proceeding it wishes to cover with news cameras or microphones,
including the official case name and docket number and the names of the
presiding judge, the clerk of court, the court administrator and the attorneys
of record. If a party is not represented by counsel, that party's name,
address and telephone number also shall be included.
2. TIME AND MANNER OF MAKING REQUESTS
When the proceeding to be covered is scheduled sufficiently in advance,
the requesting news organization shall give its regional coordinator or
the FOI Council's central office not less than eighteen (18) days' advance
notice of its request for expanded media coverage. This notice to the central
office may be by telephone or mail to Iowa Freedom of Information Council,
118 Meredith Hall, Drake University, Des Moines, IA 50311, (515) 271-2295,
but in either case, all information listed in item 1 must be provided. Since
applications for expanded media coverage must reach the court 14 days in
advance, the expanded media coverage requests must be made ahead of the
14-day deadline so there is sufficient time to process and mail the application.
If a formal request has been made for coverage of a legal proceeding within
the 14 days required by the rules, regional media coordinators may allow
additional news media to participate in expanded or pooled coverage, providing:
(1)(a) requests are made to the regional coordinator within a minimum of
five days before the scheduled proceeding or
(1)(b) requests are made at least one day before any objection hearing is
held (whichever is the earlier) and
(2) the requests do not jeopardize compliance with the rules for expanded
news coverage.
No requests for coverage should be made on a speculative or tentative
basis. A request to a court to cover a legal proceeding should be understood
to be a commitment to cover the proceeding.
When a court proceeding is not scheduled at least 14 days in advance,
an arraignment, for example, requests for expanded coverage generally should
go directly to the regional media coordinator and not to the central office.
3. FILING COURT APPLICATIONS
The central office will file formal applications and notices for expanded
media coverage, using Supreme Court approved forms whenever possible, and
will mail copies of the filings to the presiding judge, the court clerk,
the court administrator, the attorneys of record, the parties not represented
by counsel, the requesting media organizations, and the regional media coordinator.
4. OBJECTIONS TO COVERAGE APPLICATIONS
The central office will monitor action
on the application for expanded media coverage and notify the requesting
news organizations and the regional media coordinator of any resistances
or objections. The regional media coordinator shall assist in monitoring
for objections whenever possible. The central office, in consultation with
the requesting news organizations and the regional media coordinator, will
determine the position and action that will be taken on any resistance or
objection. A central office representative shall appear on behalf of the
requesting news organization at court proceedings, whenever possible, or
may designate a representative when he or she cannot personally attend the
court hearing. The central office may seek the advice and representation
of legal counsel at any court proceeding or may ask the regional media coordinator
or the requesting news organizations to obtain legal advice and representation.
Expenses for legal counsel shall be allocated on a case-by-case basis with
the consent of the central office, the regional media coordinator and the
requesting news organizations.
5. REGIONAL MEDIA COORDINATORS
The regional media coordinator shall be the FOI Council's local representative.
The regional media coordinator and his or her assistants shall make all
equipment demonstrations to the court, with the assistance of the requesting
news organizations. The regional media coordinator shall also make equipment
placement, camera and microphone pooling and personnel scheduling decisions
and arrangements for expanded media coverage and shall serve as the liaison
between the participating news organizations and the court during the proceedings
with expanded media coverage. All questions by participating news organizations
during coverage of a proceeding shall be made to the regional media coordinator.
6. MEDIA DISPUTES
Compliance with the Supreme Court rules shall be of paramount importance
for all news organizations participating in expanded media coverage of a
given proceeding. Any dispute on expanded media coverage participation,
including pooling and scheduling matters, shall be brought to the attention
of the regional media coordinator and the central office. The FOI Council,
in consultation with the regional media coordinator, shall attempt to mediate
any dispute. If, however, an accommodation of the parties cannot be reached,
the central office shall be empowered to make a final decision on the matter
in his or her sole discretion. The court or its judges shall not be asked
to intervene in any media administration matter.
7. CONTACTS WITH COURTS
All requests and questions dealing with policies and procedures affecting
coverage of legal proceedings under Canon 3A(7) should be directed to the
regional media coordinator or the central office of the Iowa FOI Council:
118 Meredith Hall, Drake University, Des Moines, IA 50311, (515) 271-2295.
Judges, clerks and court administrators should not have to respond to requests
for coverage except as those requests are made by the media coordinator
or the central office.
Table of Contents
Bicentennial of the Bill of Rights
Introductory Note by Chief
Justice Arthur A. McGiverin
Rules of Procedure for Canon3A(7):
Expanded Media Coverage
Regional Media Coordinators
Questions about EMC
Glossary
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