| Chapter
7
Covering the
Courts
By Maurice
Possley
Listen to the
beat
It is important to develop a routine or sense of rhythm in covering a courthouse.
Learn when the judges typically begin their morning calls, take lunch breaks
and recess for the day so that you won’t waste time waiting for them if
you need to talk to them or obtain information from their staffs. Learn when
prosecutors and defense lawyers typically begin assembling outside courtrooms.
Be respectful of everyone; you never can tell who may be of great help. (Once,
while covering the criminal trial of U.S. congressman from Illinois who was accused
of obstruction of justice and engaging in sex with underage campaign workers,
I came to the press room to find that all my daily files—a separate file
for each day with my notes and purchases of partial transcripts—had disappeared.
Because I had a good working relationship with the janitorial staff, I was able
to quickly get access to the loading dock where after 20 minutes of poking and
digging through the back of a garage truck, I found all my files. Some overzealous,
newly hired janitor had mistaken my box of files—not-so-strategically located
next to the wastebasket—as garbage and tossed them.) The clerk you treat
with respect and dignity today will be the clerk who lets you stay past closing
one day to copy a lawsuit filed at the last minute. The late (and convicted of
bribery) Cook County Circuit Judge Wayne Olson put it best: “Don’t
kick your janitor in the ass, for one day he may be your landlord.”
Be concise
Avoid jargon. Report with precision. Know what you are writing about. This last
admonition would seem obvious, but when you are writing about legal matters,
it is always advisable to attempt to understand the legal principle or theory
that you are addressing. At the very least, you can help prevent editors from
editing mistakes into your reports because of their lack of understanding.
For example, the federal government may file a motion titled: “United
States’ Reply To Defendant’s Motion In Opposition To
The United States’ Motion For In-Chambers Voir Dire.” Translating,
you may report: “The federal government Tuesday opposed an
attempt by defense attorneys for accused mobster Joey “Sad
Eyes” to select a jury in public because of fears that jurors
would be targeted for threats.”
Do not oversimplify, however, to the point that the legal significance
of a report becomes muddled or inaccurate. While the facts and
the personalities or institutions are important, so, too, are the
legal principles involved. While these legal principles may not
be explained in depth, you must understand them to accurately report
the story you are covering.
Finally, if you are unsure about something, ask someone who knows.
Don’t guess. It can save you lots of embarrassment in the
long term. A reporter in Chattanooga, Tennessee, wrote a story
a few years ago that it was unclear if prosecutors would appeal
a jury’s verdict finding a defendant “not guilty” of
a crime. The reporter apparently forgot his college Civics 101
in which we are taught the U.S. Constitution’s principle
of “double jeopardy,” which prevents the government
from putting people on trial twice for the same crime if a jury
or judge has already found them “not guilty.” To the
journalist, it was an innocent mistake. To the judges and lawyers,
it showed that the reporter didn’t understand basic principles
of law.
Follow The Paper
“Res ipsa loquitur.” Translated, this phrase means “the thing
speaks for itself.” Documents are a court reporter’s best friend
and perhaps the most valuable source of information. Significantly, public court
records are libel proof. A document will not turn on you—it says what it
says. A reporter must be willing to read documents—briefs, motions, rulings,
legal treatises, and opinions—to be able to understand and report accurately
what goes on in the courts.
Notwithstanding a growing trend of establishing electronic filing
systems, every court case, whether civil or criminal, begins with
a filing—a criminal charge, a claim for damages or a demand
that specific action be taken. Reporters who cover the beat on
a daily basis as well as those who cover specific cases must learn
where these documents are filed and made part of the public record.
Public records are found not only in the official file room, but
also in judges’ chambers, on clerks’ desks and in the
offices of defense attorneys (they are often allowed to check files
out for preparing appeals) and prosecutors. Just because a file
is not in the file room doesn’t make it less public. You
have an absolute right to inspect and copy any document that has
been publicly filed, no matter where it is located at any given
time. Some documents may be filed under seal because they involve
corporate trade secret information or because the parties may believe
that publicly disclosing the information would improperly influence
the jury pool. However, the reporter always has the right to file
an appeal with the judge asking that the sealing of those documents
be reconsidered.
Court clerks who assign a case number upon receiving a filed case
are responsible for maintaining these documents. It is important
to learn where these offices are located and the hours of operation.
Befriend these clerks like any other source. They can be of tremendous
assistance in locating particular cases or helping ensure that
you can make at least a cursory review of all cases filed in any
given day.
Some judges elect to keep all their pending files in their chambers.
Obtaining access to these files can be more difficult in the event
a judge takes an afternoon off or goes on vacation. That does not
mean, however, that the files are not available. It does mean educating
the judges and their staffs that you have a right to see them during
the same hours that the clerk’s office is normally open.
Comprehensive court coverage requires that a reporter keep close
track of all lawsuits and criminal cases that are filed to ensure
that something of news value does not fall through the cracks or
that the reporter does not become dependent on others to bring
noteworthy cases to light. That can mean establishing a system
to review, after hours, those filings that come into the courthouse
just before closing time. Establishing good relationships with
docket and filing clerks will help in obtaining copies of documents
rather than being forced to take hand-written notes. Attempting
at least to scan every lawsuit and keeping track by number enables
a reporter to determine when cases are filed under seal, those
cases that are assigned a number, but not filed publicly.
Many jurisdictions have established Web sites for lower and appellate
courts that list case filings and rulings. While very good for
research purposes, not all materials are available on a timely
basis. Further, unpublished opinions (discussed later in this chapter)
issued by appellate courts—often are not put online. Electronic
access to federal case information is also available through the
Public Access to Court Electronic Records (PACER) system. There
is no charge to sign up and charges for printing or online time
is relatively inexpensive.
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