Easterbrook Slams Judge For Allowing Cameras in the Courtroom

[WSJ_law_blog]

When it comes to the issue of cameras in federal court, we have a hard time towing a neutral line. After all, we’d practically kill to watch the Supreme Court in action, and we’d love to have the option of watching federal trials and appellate arguments on occasion. (Hey, whaddya expect? We’re the media!)

In any event, every so often we’re reminded in stinging fashion that our dream of a YouJudiciary.gov or FederalCourtsTube.com (or, perhaps on a more modest scale, NinoWatch.net — in which we get to watch the ever outspoken Justice Scalia 24/7), seems — grrrr! — a long way from becoming reality.

Today’s splash of cold water came courtesy of Seventh Circuit Judge Frank Easterbrook, who earlier this week censured Peoria, Ill., judge Billy McDade for allowing a video camera (and live broadcast) and photographer in his courtroom. Judge Easterbrook said McDade’s actions “violated a policy established by the Judicial Conference of the United States in 1996″ and also “violated a resolution adopted by the Judicial Conference of the Seventh Circuit on October 15, 1996.” Click here for Easterbrook’s memorandum; here for a story from the Champaign-Urbana News-Gazette. (The News-Gazette was one of the publications that photographed the proceeding at issue — a fairness hearing over a consent decree issued by a Champaign school district.)

McDade responded on Thursday with a letter in which he said he believed he could grant an exception to the rule prohibiting cameras.

“Because of the considerable interest in the case by the Champaign community over the past seven years during the existence of the consent decree, I wanted the widest possible dissemination of the hearing,” McDade wrote.

McDade said he was wrong to allow the cameras.

“I deeply regret my violation of the policy prohibiting the taking of photographs, making of audio or video recordings or electronic broadcasting of judicial proceedings,” McDade wrote in a recent letter. “I was in clear violation of these policies and will do anything necessary to make amends.”

We might have hoped for a bit more elaboration from Easterbrook, a judge who has never been known to shy away from his beliefs. But in his order, Easterbrook played it close to the vest, saying only:

The role of cameras in the courtroom is a subject of ongoing debate in the legislative and judicial branches, and among members of the public. People of good will advocate photography and broadcasts; other people think that cameras would have ill effects. No matter what one makes of these contentions, once the Judicial Conference of the United States and Judicial Council of the Seventh Circuit have adopted a policy, a judge must implement it without regard to his own views.