Tuesday, July 05, 2011

Monday baby!

A couple quick items to start off your week:

1. Cameras in the federal courtroooms in the SDFLA! But only in civil cases for now. We are part of a pilot program for 14 districts. From the press release:

Electronic media coverage of criminal proceedings in federal courts has been expressly prohibited under Federal Rule of Criminal Procedure 53 since the criminal rules were adopted in 1946, and by the Judicial Conference since 1972. In 1996 the Conference rescinded its camera coverage prohibition for courts of appeals, and allowed each appellate court discretion to permit broadcasting of oral arguments. To date, two courts of appeals—the Second and the Ninth—allow such coverage.

Districts volunteering for the pilot must follow guidelines (pdf) adopted by CACM. The pilot is limited to civil proceedings in which the parties have consented to recording.

No proceedings may be recorded without the approval of the presiding judge, and parties must consent to the recording of each proceeding in a case. The recordings will be made publicly available on www.uscourts.gov and on local participating court websites at the court's discretion.

The pilot recordings will not be simulcast, but will be made available as soon as possible. The presiding judge can choose to stop a recording if it is necessary, for example, to protect the rights of the parties and witnesses, preserve the dignity of the court, or choose not to post the video for public view. Coverage of the prospective jury during voir dire is prohibited, as is coverage of jurors or alternate jurors.

Electronic media coverage of criminal proceedings in federal courts has been expressly prohibited under Federal Rule of Criminal Procedure 53 since the criminal rules were adopted in 1946, and by the Judicial Conference since 1972. In 1996 the Conference rescinded its camera coverage prohibition for courts of appeals, and allowed each appellate court discretion to permit broadcasting of oral arguments. To date, two courts of appeals—the Second and the Ninth—allow such coverage. In the early 1990s the Judicial Conference conducted a pilot program permitting electronic media coverage of civil proceeding in six district courts and two courts of appeals.


As I have previously argued on this blog, I see no good reason why cameras shouldn't be allowed in federal court. The public should see what goes on in our courthouses...

2. The NY Times reviews the Supreme Court Term that just concluded. Justice Kennedy was in the majority more than any other Justice, 94% of the time, followed by the Chief Justice, 91%. Ginsburg brought up the rear.

3. Curt Anderson covers the interesting lawsuit between NASA and former astronaut Edgar Mitchell:

NASA is suing former astronaut Edgar Mitchell to get back a camera that went to the moon on the Apollo 14 mission — a historic device Mitchell apparently tried to sell recently at an auction.

The lawsuit filed in federal court contends that the 16mm Data Acquisition Camera is NASA's property and there are no records showing it was transferred to Mitchell. NASA calls Mitchell, one of only 12 humans to walk the lunar surface, "a former NASA employee who is exercising improper dominion and control" over the camera.

"The United States has made numerous requests to defendant and defendant's counsel for return of the NASA camera to no avail," Assistant U.S. Attorney Christopher Macchiaroli wrote in the lawsuit filed Thursday.

"All equipment and property used during NASA operations remains the property of NASA unless explicitly released or transferred to another party," Macchiaroli added.

Mitchell, 80, has a home in the Lake Worth, just south of West Palm Beach, but a phone listing for him was disconnected. His attorney did not immediately respond to a phone message and email. A message was also left with the Institute of Noetic Sciences, which Mitchell founded in 1972 as an organization dedicated to exploring mysteries of the human mind and universe.

NASA contends in the lawsuit that it learned in March that the British auction house Bonhams was planning a "Space History Sale" that included an item labeled "movie camera from the lunar surface." Bonhams also provided a more detailed technical description and four photos of the camera.

The item, according to the auction house description, "came directly from the collection of Apollo 14 Lunar Module Pilot Edgar Mitchell." The camera was one of two that went to the moon's surface on the mission, during which Mitchell and Alan Shepard spent about nine hours collecting 95 pounds of lunar samples.

4 comments:

Rumpole said...

If there were cameras in a courtroom i would never get any peace. Who wants to be constantly accosted at Starbucks and the Capital Grille? I prefer blessed anonymity.

Bob Becerra said...

Regarding Mitchell, geez! you'd think the moon belonged to the government!

Anonymous said...

Why is there nothing written about the failure to post appellate briefs online? Could the reason be the plethora of contradictory per curiam orders that are issued?

Hasn't anyone up there heard of PACER? After all, this is the 21st century, isn't it?

Anonymous said...

Hey Rump-- think of the publicity!! And you may get offered your own reality show!