| Chapter
7
Covering the
Courts
By Maurice
Possley
The Lawyers
After court records, lawyers are a court reporter’s primary sources, whether
they are prosecutors or defense lawyers in criminal cases or lawyers representing
plaintiffs or defendants in civil matters. After all, who knows their case better
than the lawyer handling it does? The biggest risk for the reporter in relying
on a lawyer is that the view espoused is almost always the view most favorable
to the position of that lawyer. Further, most lawyers cannot disclose all information
relevant to a case due to privacy reasons, as a matter of strategy or because
of ethical boundaries. However, these “officers of the court” frequently
can be prompted by reminding them that a “no comment” may result
in coverage that presents only one side—the side that is willing to speak.
That is why prosecutors and plaintiffs’ lawyers—the moving parties
in criminal and civil proceedings—often have a distinct advantage at the
outset of legal proceedings. Most state bar ethics rules, which govern attorney
conduct, allow lawyers to make public comments about information that is already
in the public record. The rules also allow lawyers to respond publicly to allegations
against their client if they think the allegations might negatively impact potential
jurors in a future trial.
For this reason, reporters must always keep objectivity as a foremost
goal. Lawyers, particularly defense lawyers, are not likely to
establish a relationship with a reporter who is perceived as an
arm of the prosecution or the plaintiff. As a case develops and
evidence begins to accumulate, defense lawyers often are in the
best position to reveal important information. An even-handed reporter
may lose some stories as a result of “leak journalism,” but
in the long run an objective reporter will obtain more and better
stories.
It is important to allow lawyers to explain their legal theories
or what the case is about. As in all reporting, don’t make
assumptions about what a case is about. Ask them to explain points
of law or procedures that you don’t understand. Don’t
guess. Ask them to speak in language that you and your readers/listeners
understand. A reporter who reads the documents in a case before
talking to a lawyer will have an advantage of having a basic understanding
of the case and the issues. But, again, don’t guess. Ask
the lawyers to “walk me through” the case.
Develop outside legal sources among the legal community—experts
in various disciplines of the law—income taxes, criminal
law, divorce, civil rights, corporate law, and patent law to name
just a few. Tap into law schools and bar associations for some
of these sources. When lawyers—who are advocates, after all,
no matter the client—present their case to you, it is always
a good idea, particularly if you are unsure of the law involved,
to have these sources to consult. This is all part of your legal
education. As you become more experienced, the learning curve begins
to flatten out.
Again, be skeptical when a lawyer offers to leak you information
in a case. The court of public opinion is a venue often sought
by many lawyers—particularly when their case will one day
be tried before a jury.
When dealing with a case in which several lawyers are working
for the same side, find the lawyers most knowledgeable. In many
instances, that lawyer will not be the most senior person, but
rather, associates because they are the ones who perform most of
the heavy legal lifting.
Lawyers can be the best sources for knowing in advance when documents
are going to be filed. They may also know when a decision is going
to come down and reporters can make preparations in advance.
Before The Trial
Much of what happens in court occurs between the time a case is filed and when
it comes to trial or is settled. This pre-trial stage is when matters of
law and matters of facts begin to fall into place and, ultimately, play major
roles in the shaping of the outcome of a case. Monitor the pre-trial hearings
and rulings to understand how a case is progressing—or is not progressing
at all.
In civil cases, judges rule on whether the case can be brought
under a legal theory that is acceptable under the law. Further,
judges may be able to reach a decision on the facts and the law
without a trial. Rulings to admit or preclude certain evidence
during the pre-trial stage may be the most significant developments
in a case because it could lead to settlement or to a guilty plea
or an acquittal. For example, a pre-trial motion to suppress a
confession in a criminal case could be the deciding moment in whether
a defendant goes to trial or seeks to plea bargain.
Pre-trial matters cover a wide range of topics, including requests
to bar or permit witnesses to testify, to suppress or allow evidence,
to dismiss the case, or to grant judgment for one side or another.
During this stage of a case, lawyers for both sides attempt to
learn as much as possible about their opponents’ case. This
process, called discovery, is more limited in criminal cases, although
there is a trend toward more open disclosure of pre-trial evidence
in the criminal justice arena as a matter of fairness and to avoid
trial by ambush. In civil cases, witnesses are interviewed under
oath—a process known as taking a deposition—and increasingly,
many jurisdictions are beginning to allow for court-approved pre-trial
depositions in criminal cases, particularly where prosecutors seek
the death penalty. Reporters should attempt to obtain access to
these depositions whenever possible.
On occasion, an interlocutory appeal will be allowed. An interlocutory
appeal asks an appellate court to decide an issue which cannot
be resolved on the facts in the case, but whose resolution is essential
to a final decision in the case. For example, if a judge issues
an order suppressing narcotics seized in a drug case, prosecutors
may seek to file an interlocutory appeal challenging the suppression
because without the seized narcotics, they have no case left to
take to trial. Generally in criminal cases, such appeals are allowed
to prevent problems with double jeopardy later on.
Continue to the next page in "Chapter 7: Covering the Courts" >>>
<<< Return to the previous page in "Chapter
7: Covering the Courts "
|
