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 On Tuesday,
the state Supreme Court is expected to announce it will
allow trial court proceedings to be filmed and tape-recorded for the
first time in the state's 194-year history, Kilbride said.
Illinois is one of 14 states where cameras in trial courtrooms are
either not allowed or not used, according to the Radio Television
Digital News Association, a professional organization serving the
electronic news profession and dedicated to setting standards for
news gathering and reporting.
"The idea behind this is simple. We need to have the courts be more
open. By having the public keeping an eye on what is going on in the
courtroom, it can act as a check in the balance of power," Kilbride
said.
But the value of cameras in courtrooms goes beyond accountability to
help instill public trust in the court system, said Al Tompkins, a
senior faculty member at the Poynter Institute, a nonprofit center
for journalism studies in St. Petersburg, Fla.
"If we don't have cameras in courtrooms, it's left up to shows like
'Law & Order' to give the public an impression of what is going on
in the judiciary," he said. "Of course, what is going on in the
courts is much better than that, and the public should be able to
see what is really going on."
The Illinois high court unanimously approved the measure this month,
and it will become part of the court's policy Tuesday.
The move is a positive step toward holding judges, state's attorneys
and other elected officials who work in courtrooms accountable, said
Mike Barnhart, president of Sunshine Review, a national organization
that promotes government transparency and accountability.
Kilbride said that when he was seeking to be retained on the Supreme
Court in 2010, several news reporters asked whether cameras should
be allowed in courtrooms.
"I told them I favored it, but that I was just one vote on the
court," he said. "It's happening, quite frankly, because I pushed
for it, and a majority of the justices agreed to it."
The new policy includes some restrictions:
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Jurors and potential jurors may not be photographed.
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Cameras and recording devices will not be allowed in juvenile,
divorce, adoption, child custody and evidence suppression cases.
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No more than two television cameras and no more than two still
photographers will be allowed in a courtroom at one time.
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Victims of violent felonies, police informants and relocated
witnesses may request that the judge prohibit them from being
photographed.
Although the policy goes into effect Tuesday, the chief judges of
Illinois' 23 circuit courts are responsible for implementing the
policy. Once a chief judge of a circuit court applies and is
approved by the Supreme Court, news media may request to cover
eligible cases electronically in that circuit court.
Members of the news media are responsible for applying for
electronic coverage each time they want to cover a particular case.
Specific details of the application process will be released
Tuesday.
At this point, the program is being billed as a "pilot project," so
chief judges may choose not to have their circuit courts
participate. Kilbride said the effectiveness of the pilot project
will be reviewed by the high court at a future date, and a decision
will be made on whether to continue the program.
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The new policy only allows for members of the "established" news
media to photograph, film or tape-record sessions. Residents and
those working for nontraditional news organizations, such as
Internet blogs, initially are being excluded from filming or
recording court sessions.
But the high court may review the policy later regarding electronic
coverage of courts by residents and nontraditional media. "I can understand a court's desire to preserve decorum -- whether
it's a photographer from a newspaper or an ordinary citizen using
their cellphone to take a picture -- but it's important to remember
that the nature of the media has changed radically in the last 10
years," Barnhart said. "While I think this is a step in the right
direction, it does distress me that some are included in this
policy, and others are excluded."
The policy does not address the use of cellphones. The intent is for
only professional-quality cameras and recording devices. Kilbride resides in Rock Island, which is part of the Quad Cities, a
metropolitan area that includes parts of Iowa and Illinois.
"I know from my experience living in the Quad Cities that cameras in
the courtroom have worked quite well on the Iowa side. They have
been well accepted by judges and lawyers. I have no reason to
believe that won't be the case in Illinois," Kilbride said. He said the new Illinois policy is modeled after the Iowa policy,
which has been in effect since 1979.
Roger Ruthhart, managing editor of The Rock Island Argus and The
(Moline) Dispatch, called the new policy a positive step.
"I don't look for this to be something we use every day, but in
bigger cases, such as murder trials, I do anticipate sending a
photographer," he said. "Right now, we send a sketch artist to these
types of trials. By being able to photograph, we will be able to
provide the public with a more accurate depiction of what is
happening in a court case."
Although Illinois has not allowed photography or audio recordings in
the state's trial courts, it has allowed news cameras in the Supreme
Court and the Illinois Appellate Court since 1983. The Supreme Court
also posts audio and video of all oral arguments on its website the
same day they occur.
Kilbride said he sees another benefit to the new policy.
"It will serve as good civics lesson for people to see what is
happening within the courts," he said.
[Illinois
Statehouse News; By SCOTT REEDER]
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