One of the goals for the chapter this year is to keep tabs on bills in Annapolis that have an effect on laws journalists should care about.
Specifically, the state
Public Information and
Open Meetings Acts.
The 90-day General Assembly Session opened on Jan. 9 and the legislature wasted no time getting in its first bill.
Del. Michael Smigiel is currently the sole sponsor of
House Bill 77, a bill that would open state court to audio and video recording during the sentencing phase of a criminal trial. You can
download a copy of the bill here.
The bill is identical to last year's House Bill 207 which
Smigiel also sponsored. That bill was killed in the House Judiciary Committee which is chaired by
Del. Joseph Vallario. An easy to read copy of the
fiscal and policy note on the bill is available here. Since this year's bill is identical the notes on the bill should also be the same.
If passed, the bill creates a system that potentially could open criminal sentencing hearings to journalists who want to video or audio record the proceedings.
Before opening the hearing, one or more journalists would have to file a request with the courts that:
- Identifies the hearing to be covered.
- Identifies the dates of media coverage requested.
- Describes any pool arrangements made by media organizations.
- Describes equipment used.
- Identifies the members of the media who will be present during the the hearing.
A judge then must sign off on the request but can limit or deny access if the coverage:
- denies a defendant the right to a fair and impartial trial;
- substantially compromises the civil rights or safety of a party involved in the hearing;
- disrupts access to information by other news-gathering organizations.
The bill would not open courtrooms up to audio and video recordings, leaving in place a policy that essentially handicaps radio and television reporters (as well as print reporters posting audio or video to Web sites).
In November, I testified on behalf of the chapter in favor of opening state courtrooms to audio and video recordings during a public hearing held by the state judiciary. The rules being considered by that panel could open trials as well as sentencing hearings.
The rules currently in place have been historically discriminatory to television and radio journalists. With the advent of the Internet and new media, these rules affect all reporters and limit both scrutiny of the judiciary, a third and co-equal branch of government, and the
public's access to information.
— Bryan P. Sears
chapter president
