By New York State Committee to Review Audio-Visual Coverage of Court Proceedings.
On June 30, 1997, the scan, initiated in 1987, that gave trial judges discretion to permit televised and still-camera assurance of civil and legal trial court docket court cases in manhattan kingdom got here to an finish. After years of research, a 12-member, state-appointed committee has issued its findings and suggestions at the query of cameras in manhattan courts. Their effects are contained in An Open court docket. This publication bargains: an creation, government precis; evaluation of the committee's paintings; a precis of the present legislations; review of digital camera legislation in different states and in federal courts; precis of the committee's list; the committee's evaluation and conclusions; advice; appendices which come with the result of a jurist ballot and the committee's judicial survey, interviews, and different pertinent info; and a minority record/ dissent arguing opposed to the committee's concepts.
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7 The exercise of judicial discretion is not limited to the initial decision to permit camera coverage. , § 218(3)(c). 4(c)(7). 8 Judiciary Law § 218(7). , § 218(4)(c)("there shall be no limitation on the exercise of discretion under this subdivision except as provided by law. The presiding trial judge may at any time modify or reverse any prior order or determination"). Page 11 to bar coverage of any witness or exhibit, even if he or she had previously granted permission for coverage. 2. Safeguards for Defendants in Criminal Proceedings and Parties in Civil Proceedings The statute contains a number of safeguards aimed at protecting the fair trial rights of criminal defendants.
Donna Welensky, Fordham's Law Clinic Administrator, handled the logistics of videotaping the Committee's first two public hearings, ably assisted by camera operators James G. Andary and Esteban Y. Mondoza. William Carroll and his dedicated staff at the New York State Bar Association (including Robert Millman, Dorothea Salvador, and Terry Scheid) hosted the Committee's November 14, 1996 public hearing in Albany, contributing space and videotaping services and providing refreshments to the Committee.
We fully support the existing pre-trial safeguards in our law. Page xxi In the final analysis, we observe that New York opted in 1987 to open its courts to cameras in both civil and criminal proceedings. Almost 10 years of experience argue in favor of allowing cameras in the courts on a permanent basis so long as a law allowing camera coverage is grounded on judicial discretion, contains all of the safeguards in place during the experimental period and recommended by this Committee, and directs the Office of Court Administration to monitor camera-covered proceedings, make periodic reports, and, if necessary, recommend changes in Section 218 of the Judiciary Law and the implementing rules.