BEATRICE - Over the past several years the first judicial district in southeast Nebraska, the Beatrice and Fairbury area, along with the eleventh district in the North Platte region has been a test case for the use of audio by media outlets for news coverage in district court hearings.
KWBE radio has used such audio in its stories about arraignments and sentencing, presiding judge Paul Korslund has overseen that experiment in Beatrice and Fairbury.
"It has worked very well….that's one thing I've been very pleased with in the court system…that we've been recording through audio initially and through today still…..many court proceedings, especially sentencings and they've been broadcast on KWBE."
The use of audio began under the late Judge William Rist as an experimental program authorized by the Nebraska Supreme Court. Judge Korslund continued it when he took the bench. He says the public has reacted well to the use of courtroom audio.
"You hear all sides of the case….and then the judges comments, and the public understands that not every case can be handled the same way, that we have a system of individualized justice…..and I think it has helped promote what the courts do as well as educate the public."
Judge Korslund also conducted the first trial where both video and audio was used in news reports, at the district court level. Since that time, other courts have made some progress with video and audio. He sees progress being made, but it's a matter of convincing more judges to allow video and audio coverage.
"But, if you look at how it's worked in the places that have taken the step to do it, it's actually been very positive, and it gets to the point where you don't even think about the video or audio recording going on, and the members of the media have been very responsible in working with the courts in making sure things are done properly."
Gage County Attorney Roger Harris is familiar with electronic coverage of court hearings, both as a private practice attorney and now as a prosecutor. He says transparency with the public is a good thing, but he did say some caution must be taken with how court cases affect young victims.
"With the judges we practice routinely in front of, they are very cognizant of it and will do whatever they can to protect the victims and yet assure the defendants of a fair trial and that justice is done. And, that's what we're all here for.”
Attorney Stephanie Clark is the Gage County Public Defender. She admits she was nervous initially going into hearings where audio recordings would be broadcast. But, now, she doesn't even think about it. Clark says there's a tendency by the public to believe that court proceedings are exciting….perhaps like a "Law and Order" episode. Most are not, given the rules attorneys must follow regarding evidence and the rights of the defendants.
“I think the sentencings….hearing what happens to someone, especially if the case has gotten a lot of attention in the media, is what the public would want to hear. Sometimes what the attorneys might think was important about a case, may not necessarily be portrayed on the radio coverage, but for the public they want to hear what kind of sentence someone gets for the crime they committed."
Clark says one concern for lawyers is that a jury hears something a defendant said, the judge rules they are not supposed to hear about……and that can result in a mistrial.
As for the future of audio and video coverage of courts, Judge Korslund points out that electronic coverage is common in other branches of government……the executive branch, the legislature, local city councils, county and school boards….Courts are open to the public.
"But, most people have very busy lives. They're working, and they're not able to take the time to come and be in the courtroom. So, it's a matter of simply using the tools that we have……the technology.”