Expanded Media Coverage Handbook
QUESTIONS ABOUT EXPANDED MEDIA COVERAGE
Do the rules of procedure in Iowa Court Rules, Chapter 25 authorize photographing jurors during that phase of the trial in which the jury is returning its verdict?
What should a reporter do if steps are taken to prevent expanded media coverage of a proceeding?
Do the rules of procedure in Iowa Court Rules, Chapter 25 authorize photographing jurors during that phase of the trial in which the jury is returning its verdict?
Yes. Rule 25.2(5) specifies, “Expanded media coverage of jury selection is prohibited. Expanded media coverage of the return of the jury’s verdict if permitted.” In all other circumstances expanded media coverage of jurors is prohibited except to the extent “it is unavoidable in the coverage of other trial participants or courtroom proceedings.”
What should a reporter do if steps are taken to prevent expanded media coverage of a proceeding?
The following objection statement is a guideline that can be read by the reporter: “Your Honor, I am [name], a reporter for [newspaper, television or radio station]. I would like the opportunity to resist prevention of expanded media coverage of these proceedings. I would like to request the opportunity to contact counsel and have counsel present after a short recess. [If the court allows you this opportunity, immediately contact counsel. If the request is denied, then proceed as follows.] A request for expanded media coverage was made by the media coordinator in advance of these proceedings. Expanded media coverage should be allowed because it will not materially interfere with the rights of the parties to a fair trial. There are alternatives to denying participation such as questioning jurors and change of venue, both of which have been traditionally recognized by courts.”
If the objection is made by a witness, the reporter should then continue as follows:
“Since the objection is made by a witness, the witness must show good cause for excluding expanded media coverage. Good cause cannot be shown because the effect of coverage will be no different on this witness than on other similarly situated members of the public under these same circumstances and expanded media coverage will not have an effect that is qualitatively different from the coverage of these proceedings than will otherwise occur. We therefore request that expanded media coverage be allowed. Thank you.”
What are the ethical restrictions on attorneys’ comments and information dissemination during litigation?
The Iowa Code of Professional Responsibility for Lawyers (Iowa Court Rules, Chapter 32), which delineates the ethical rules governing attorneys’ conduct, includes several provisions concerning the types of public, out-of-court statements that may (and may not) be made by attorneys during various stages of the litigation process. Different requirements apply during different stages of proceedings; the requirements also vary depending upon the nature of the proceeding. As a general matter, the rules permit attorneys to disseminate information contained in the public record but restrict other types of comments, particularly those which are deemed to have a possible impact upon the fairness of the proceeding.
