Statements on Introduced Bills and Joint Resolutions S554

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. GRASSLEY (for himself, Mr. SCHUMER, Mr. DEWINE, Mr. ALLEN, Mr. CRAIG, Mr. GRAHAM of South Carolina, Mr. ALLARD, and Mr. TALENT):

S. 554. A bill to allow media coverage of court proceedings; to the Committee on the Judiciary.

Mr. GRASSLEY. Mr. President, I rise today to introduce the Sunshine in the Courtroom Act of 2003, a bill to allow media coverage of court proceedings. This legislation will provide Federal judges with the statutory authority to exercise their discretion to allow the photographing, electronic recording, broadcasting and televising of federal court proceedings.
During the 107th Congress, the Judiciary Committee reported identical legislation favorably, by a vote of 12 to 7. It's my hope that the full Senate will have the opportunity to act on this bill as early as possible in the 108th Congress.

Sunshine bill will help the American people to become better informed about the judicial process. Moreover, this bill will help to produce a better judiciary. Increased public awareness and scrutiny will bring about greater accountability and help judges to do a better job.

Allowing cameras in the Federal courts is consistent with the intent of our Nation's Founders that trials should be held in front of as many people as choose to attend them. In my view, the First Amendment to the Constitution requires that court proceedings must be open to the public and, by extension, to the news media. As the Supreme Court has said, "what transpires in the courtroom is public property."

Clearly, the basic American values of openness and education are served by allowing electronic media access to Federal courtrooms. There are many beneficial and no substantial detrimental effects to allowing greater public access to the inner workings of our federal courts. Fifteen States have conducted studies aimed specifically at the educational benefits that are derived from camera access to courtrooms. They all determined that camera coverage contributes to greater public understanding of the judicial system.

Moroever, the experience of the States with electronic media access to judicial proceedings demonstrate that still and video cameras can be used without any problems, and that procedural discipline is preserved. According to the National Center for State Courts, all fifty States allow at least some degree of camera access to judicial proceedings under a wide variety of rules and conditions. My own State of Iowa, for example, has operated successfully in this open manner for more than 20 years.
Furthermore, at the Federal level, the Federal Judicial Center conducted a pilot program in 1994 that studied the effects of allowing camera access to courtrooms. The study found "small or no effects of camera presence on participants in judicial proceedings, courtroom decorum, or the administration of justice."

Based on the experience of the States, as well as state and Federal studies, Senator SCHUMER and I are introducing this bill with a well-founded confidence that it represents sound public policy. Nevertheless, in order to provide a mechanism for Congress to study the effects of this legislation on our judiciary before making this change permanent, we have included a three-year sunset provision in our bill.

The Supreme Court of the United States has recognized that there is a strong public interest in electronic media access to important court cases. At my urging and that of Senator SCHUMER, Chief Justice Rehnquist permitted the delayed audio broadcasting of the oral arguments before the Supreme Court in the historic 2000 presidential election dispute. The Supreme Court's response to our request was a major step in the right direction.

It is important to emphasize, that this bill does not require any Federal judge in any Federal court to allow camera access to judicial proceedings. Rather, it simply gives Federal judges the discretion to allow cameras or other electronic media access if they see fit. The bill also protects the privacy and safety of non-party witnesses by giving them the right to have their faces and voices obscured.

This piece of sunshine legislation will bring greater openness and accountability to the Nation's Federal courts. The best way to maintain confidence in our Federal judiciary, which has tremendous power, is to let the sun shine in by allowing judges to exercise their discretion in opening Federal courtrooms to public view through the broadcasting and televising of judicial proceedings. I urge my colleagues to join me in co-sponsoring the Sunshine in the Courtroom Act.