COLUMBIA, Mo. - Judges, court staff, lawyers and reporters gathered Thursday for a first-ever American Bar Association meeting to talk about ways the nation's courts can do a better job of telling their stories to people who don't usually deal with them.
Thursday's "Judicial-Media Knowledge Exchange Workshop" brought more than six dozen people from all over the state - and a few from around the country - for a day-long discussion of the work that courts do and the roles media play in explaining that work.
Participants had promised comments made during most of the workshop were off the record, so they could speak freely - but there also were some general comments made on the record.
Peter Bennett, chair of the "Fair Courts/Media Project" and a special advisor to the ABA's Standing Committee on the American Judicial System, reminded the day's opening session "most people have no first-hand knowledge" of the nation's state or federal courts, and in an adversarial system where nearly every court case has winners and losers, many people end up "disappointed with the process and outcomes."
One of the issues many lawyers and judges have is the way the system gets portrayed in the media, whether it's the mainstream media like newspapers and traditional broadcasters or social media like Twitter or Facebook.
"Facebook is the primary source for getting news" for many in today's society, Bennett noted.
Retired U.S. District Judge Shira A. Scheindlin, of New York, said the discussions are important because what most people know of the courts is based on fictional TV, like "Perry Mason," "Boston Legal" or "Law and Order" or on reality TV like "The People's Court" or "Judge Judy."
Scheindlin thinks several existing court rules should be changed.
Among her proposals is for courts to have their own public information officers who can explain - at least in general terms - how court proceedings work and what rules or procedures exist affecting what happened or could happen in a particular case, although the PIO likely couldn't comment on the specific reasons for a decision, beyond what the judge might have written in a specific order or ruling.
Scheindlin said allowing cameras in all courtrooms - including the federal courts and the U.S. Supreme Court, where cameras generally are banned - "might be all for the better."
Additionally, Scheindlin said, "There is no reason not to allow reporters to bring their electronics into the court room," including laptop computers, tablets and cellphones.
In Missouri, reporters have been allowed to use those devices for note-taking purposes only in some proceedings.
Under the Missouri Supreme Court's Cameras in the Courtroom Operating Rule 16, cameras and audio recordings are banned unless the judge has given specific approval for their use by the media - and then, only one television camera and one still photographer is allowed and must share the recordings and pictures with other media attending the hearing or trial.
Missouri Supreme Court Chief Justice Patricia Breckenridge reminded the workshop, when the court first looked at allowing cameras into courtrooms in the early 1990s, they recognized "it is not a right, but (more public) access is important."
Scheindlin also thinks court rules should be changed so judges have a better understanding of when they can comment on a situation and when they can't, noting some of her federal colleagues have written numerous articles and books about legal issues and proceedings.
And she encouraged the Bar to "have a fast-response team" to comment or issue statements "when a judge is unfairly criticized," pointing to two recent examples that have made national news and discussions: When Republican presidential candidate Donald Trump criticized the federal judge hearing a lawsuit against his Trump University and suggested the judge is biased because of his "Mexican heritage," and when a California state judge imposed a shorter-than-most-people-expected, six month-sentence on a college athlete convicted of raping a woman after a fraternity party.
Breckenridge acknowledged many judges and lawyers believe "communicating with a reporter is risky," because one misquote or misunderstanding can give the public the wrong impression and make it much more difficult for the courts to do their job.
She said Missouri was pleased to be part of the ABA's project.
"Most of us (judges and members of the media) are passionate about serving the public," Breckenridge said. "Communication between media and the courts is essential" to a better understanding of the process.
The ABA will use the anonymous comments made during the workshop's breakout sessions to begin designing ways to improve that communication.
EDITOR'S NOTE: News Tribune reporter Bob Watson was a participant in Thursday's workshop and also has served as the Cole County Circuit Courts media coordinator for Cameras in the Courtroom since 1993.