Show Notes
David Miranda took on the issue of cameras in the court and access by the public and the media in this week's episode of his podcast "Miranda Warnings."
The issue came back into the public eye recently with several high profile trials like Kyle Rittenhouse, Derek Chauvin and the Johnny Depp v. Amber Heard defamation case.
The New York State legislature also took up the issue of New York's law governing cameras in the courts during the legislative session. In March, Senator Brad Holyman introduced S792A in the New York State Senate to repeal two parts of the judicial law and civil rights law in New York which deal with allowing cameras in New York courts. There is a companion bill in the New York State Assembly. The bills are still in committee in the legislature. If passed, the bills would give widespread access in the trial courts.
Currently, some media coverage is allowed at the local and county court level if approved by the presiding judge. Judges often allow coverage of arraignments, opening and closing statements, verdicts and sentencings. Under current New York State law, cameras are not allowed to record testimony.
Cameras are allowed at the appellate and court of appeals levels. In those cases there is no testimony, only arguments before a panel of judges.
In the podcast, hear a spirited debate between Daniel Novack and Norm Effman.
Novack is the Associate General Counsel at book publisher Penguin Random House. He is the Co-chair of the New York State Bar Association Media and Law Committee. He supports wide access for cameras in the courts.
Norm Effman is the public defender in Wyoming County and the Executive Director of the Wyoming County Attica Legal Aid Bureau. He is a member of the bar associations criminal justice section and a past member of the NYSBA Executive Committee. He is also a former chair of the mandated representation committee. Effman believes that there should be restrictions on camera use and that defense counsel should have the right to veto camera use.
During the lively conversation both guests discussed issues such as the public access to courts, the right and protections of witnesses and the rights of the accused. The two guests also discussed issue such as implicit bias and holding public officials accountable.