6
Friday, October 22, 1971
University Daily Kansan
Filming in Wichita Court Controversial
By RICHARD LARIMORE
Kansas Staff Welter
WICHTI—A controversy is shaping up in sedgwick County following the passing of Judge Michael Corrigan's juvenile court, which is owned by the Americas Association's Canon 35 of Judicial Ethics which has been adopted by the Kansas Bar Association.
Judge Corrigan, said Wednesday that he was unaware of the filming that Canon JS applied to his court. He said he would be able to often **and** the filming may have been a "one shot proposition". Corrigan said he considered the two sessions, a pretrial hearing and a criminal case of a 17-year-old Wichita girl, not to be formal court
"I want to appeal to intellect, not appeal to emotions."
proceedings. The girl had been charged with being a runaway, being incorrigible and shoplifting.
THEY WERE NOT formal court sessions, the judge said, because there were no witnesses, and the testimony he described the sessions as "give-and-take" discussions between himself, the girl, her mother and another child, that all parties involved in the case had given their written permission to allow the filming. He also said that he had been contested. If any part of the proceedings had been contested by any of the persons involved, he felt that no evidence should have permitted the filming.
The judge further explained, "He was wearing a formal court proceedings in the manner that he was wearing his hat." He also described a decision and a journal entry was made.
HE ALLOWED the filming in the case of the runaway girl, he said, because the number of people involved in quadrupled in the past two years. He said he thought it necessary "to show people here how large the problem is." He considered filming to be "public education."
The filming was allowed by Corrigan at the request of KAKE- and was done in August by the station's chief photographer, Larry Hateberry, and a reporter, Cameras, two lights and three microphones were set up to film the proceedings. Film of the two biased with other filmed interviews of the girl and shown in one 15-minute segment on an internet and 10 p.m. news broadcast Sept. 12.
Hatteberg the station had stationed a four-part series concerning the problem of runaway juveniles several months before the crash. In the series, he said, newsmen visited facilities where juveniles were held and interviewed the juveniles, but no faces were shown or names used. The next installment was runaway's case in juvenile court
PRIOR TO KAKE's filming in Corrigan's court, Hattiebeep had no juvenile court proceedings had been filed. He said he checked with the National Press Photographers Association and found no record of any other juvenile court proceeding in the States having ever been filmed.
Although aware that Canon 35
obtained cameras in train, the
school decided to request permission to
film in court. Corrigan agreed to
HATTEBERG SAID KAKE pursued to the question of cameras in the courtroom further, but he was not free to visit Elysées plans. In Hateberg's opinion, Canon 35 is be throw up.
Canon 35 of Judicial Ethics, as published in the Reports of the Court, states that proceedings in courts should be conducted with fitting dignity and decorum. In the photographs in the courtroom, during sessions of the court or recesses between sessions and the broadcasting or writing of审结sessions are calculated to detract from the essential dignity of the testimony in giving his testimony, degrade the court and create misconceptions with respect thereto in court and create misconceptions with respect public and should not be permitted."
The American Bar Association's committee on professional ethics and grievances has interpreted on non-broadcasting television on broadcasting court proceedings in improper.
responsibility for members' responsibility or legal authority. He said this was a loophole in the system which the bar association had to address.
THE PRESIDENT of the Kansas Bar Association, Phil Lewis, Topeka, said the state bar committee could agree that mitee could answer an opinion on the filming if it were brought to their attention, but that the committee should take action against the judge. Lewis said the question of who possesses bar membership was a 'men's' issue and the association assumed a moral responsibility.
Robert N Partridge, chairman of the Sedgwick County Bar Association and then brought to his group attention, but that the association's grievance committee was investigating it. If a complaint were to be filed, he said, the committee would look into the
PARTRIDGE SAID that ostensibly costs are said to be unfairly subsidized to administrative review by their superiors. The association's greviness committee, he said, was a working organ after the Board of Tax Examiners. That board might choose to take action against the judge if a violation of the canon rule occurred in a local association had only the power to investigate, not to act. Corrigan said he had a "very difficult time" in news media. He said he thought media coverage help attracted attention to juvenile problems and helped make his court an official witness. The Juvenile court has nearly 300 volunteer workers, he said, and televising some court sessions would help attract more volunteers.
THE SEDGICK COUNTY juvenile court was the first and only juvenile court in Kansas to require a statute under a statute applicable to
counties of more than 300,000 people. The Corrigan court is open to the media. But access is not unlimited and is governed by a court order.
First, the media have no access to contested proceedings. Corrigan said that filming of
The public is "sophisticated enough" to allow "some calculated taping on film without lower judicial decorum.
contested cases could lead to wrong conclusions by the public about court proceedings. The fighting and bickering that occurs in contested cases, he said, might be misunderstood by the public.
shown on KAKE had been edited but said the editing was "very little."
"I want to appeal to intellect, not appeal to emotions," he said. "THE JUDGE'S" second statement was that all filming be done in good taste. He said filming of contested cases could disrupt his court and make it into a cameras. Film could also be used by photographers to select and film only those portions of the proceedings which were sen-sible. The judges would give the public a distorted view of his court. He noted the film
Hatteberg said quite a bit of the film had been edited to the whole He said KAKE photographers shot more than an hour of film for the 15-minute show. Much of the video was taken at detention home and as the girl interviews herself, the film of an automobile court sessions, he said, KAKE had edited out the "slow" parts that did not have any amissure.
CORRIGAN ALSO allows no names to be released in non-criminal cases. Releasing the names did not provide a deterrent to crime. But in cases involving serious crime, he said, names were released because the public knows the identity of dangerous persons.
As a final guideline, the judge allows no names to be used without his permission.
The judge said he would like to
allow more filming in particular types of cases. These films would be short, to the point and rare, he said.
CORRIGAN SAID he considered Canon 35's prohibition on filming to be a good rule, but that he has changed it to "binary." Several proposed versions of the canon allowing more film are now his liking.
In the judge's opinion, the public is "sophisticated enough" to allow "some calculated taping without lower judicial decorn."
The judge emphasized that in allowing the filming in his court he was not crushing to have Canon 35 changed. He said he was
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checking on the applicability of the canon to his court and he would allow no further filming if he had missed his court was bound by the canon.
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THE JUDGE said he thought the present canon worked to the disadvantage of the public's understanding of courts. Many times the canon served to protect the city from public exposure, he said. Since a story on the filming went out across the country, Corrigan said, he has received all of them and all of them have been favorable.
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