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THE LAW

30 years later, cameras are fixtures in courtrooms

Cameras in Florida courtrooms started as an experiment, but ushered in a new age of open justice that has been mirrored nationwide, with South Florida courts taking center stage.

twright@MiamiHerald.com

Nearly 30 years after the Florida Supreme Court allowed television cameras in the courtroom, the move has brought out the best and worst of the judicial system -- and the media.

Its finest hour may have come in 2000 when the recount of the presidential election results focused the nation's attention on Florida, where the battle over ballots spilled over into the courts.

At its worst was perhaps last year's media circus involving the case of Anna Nicole Smith, whose death triggered a chain of legal clashes over her estate and the custody of her daughter.

Three decades later, the debate continues over whether having cameras in the courtroom to chronicle the actions of jurists and jurors, of witnesses and defendants, is a positive step for our nation's legal system.

''Florida was a leader in the country when most trial judges were saying cameras were a bad idea. It took a lot of bravery and courage on the Supreme Court's part,'' said Carol LoCicero, a partner in a media law firm in Tampa that is often called upon to fight legal challenges to media access in courtrooms.

``By and large, judges have accepted it.''

Critics charge that cameras can and have had detrimental effects on how justice can be served in the courtroom. Heated debates are ongoing about showing the faces of jurors in a trial, and the state Supreme Court will soon decide if digital recording in the courtroom should be banned, LoCicero said.

Some still feel cameras have the ability to impact how defendants, attorneys, witnesses and even judges act during proceedings.

''The concern was always been that people would play to the cameras,'' said Broward attorney Bruce Rogow, who has been involved in many high-profile cases. ``With the cameras on, the public is going to learn about the courts, both the good and the bad.''

Others, including judges, say the public is seeing more good than bad by helping educate the public on the court system. They say cameras have become a quiet partner in the judicial process.

SURVIVED CHALLENGES

Cameras were first allowed in court in 1978 after what is known in media circles as the Post-Newsweek decision, which established that the media had a right to record proceedings under strict rules.

It was put into effect statewide in 1979.

The rule has survived several challenges, including a case in 1981 when two Miami Beach cops were convicted of stealing money. Attorneys for the policemen claimed they could not get a fair trial because of the news cameras and media coverage.

Resisting efforts to allow cameras to record cases and oral arguments are the nation's federal courts, including the Supreme Court, though the highest court did take a monumental step of allowing audio recordings of the oral arguments in the 2000 presidential recount.

CHANGING THE CULTURE

In most states, cameras have become a staple of the court system since the Florida Supreme Court's landmark decision, spawning cable networks such as Court TV (which changed its name to truTV and is available to 91 million U.S. households) and the boom of the television judge genre.

Ironically, cameras in the courtroom have spawned television careers for several Miami-Dade judges, who may have never been discovered by television producers if not for the news media broadcasts of trials.

Miami-Dade Judge Karen Mills-Francis is the latest TV personality following her colleagues David Young, Alex Ferrer and Marilyn Milian of The People's Court.

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