Mississippi Supreme Court Upholds Cameras in Courtrooms

The Mississippi Supreme Court has ruled 5 to 3 to overturn the decision of a trial judge banning Jackson television station WLBT from coverage of the 2004 sentencing of former Madison County David Richardson. While the majority recognized that the judge was concerned about the defendant’s fair trial rights, it held that the Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings (MREPC) required that Judge Marcus Gordon provide specific findings of fact supporting his denial of the request to cover the proceeding. Justice Waller, writing for the majority, elaborated, “It is generally better for the courts to limit or terminate coverage as needed than to exclude camera and television coverage altogether. MREPC 3 speaks of ensuring fair administration of justice and protecting the rights of parties and witnesses. These words envision real and substantial rights that are at risk. The learned circuit judge, while expressing concern that things covered in the sentencing hearing “may” impact the companion case–not that there was a probability that such would be the case-stated no specific prejudice. The proper standard for restricting press coverage is that there is a “substantial probability” that the accused will be deprived of a fair trial. In Press-Enterprise II, the Supreme Court rejected the lesser standard of “reasonable likelihood” applied by the California Supreme Court and went on to point out that “the First Amendment right of access cannot be overcome by the conclusory assertion that publicity might deprive the defendant of that right.” Press-Enterprise II, 478 U. S. at 14, 106 S. Ct. at 2743. The decision to restrict press access, whether by closing proceedings or by eliminating the use of the tools of the trade must be supported by specific, on the record findings of fact which show in what manner the coverage will cause a party to lose the right to a fair trial. See Hand, 571 So. 2d at 944. Butler, the defendant in the related case, is not, in the words of MREPC 3, a party “in the pending case.” The judge did not indicate that Butler’s trial is imminent, a circumstance which could be a factor in limiting or restricting coverage if the trial of that case was to take place shortly after the sentencing hearing. Butler sought no opportunity to intervene and raised no objection to having cameras in the courtroom.” In re WLBT Inc., Miss., No. 2004-M-02239-SCT, 1/20/05.