Cameras in the Courtroom

While the Illinois Supreme Court has given its OK for cameras in Illinois courts, it’s not likely that you’ll see any cameras in Fayette County’s courtrooms in the near future.
And even if you did, the coverage that you see in this county will be different than that in the state’s metropolitan areas.
Judge Gene Schwarm, Fayette County’s resident circuit judge and chief judge of the Fourth Judicial Circuit, points out that the Supreme Court’s decision allows circuits to apply for participation in what is essentially a test.
“It’s a pilot project and it is a voluntary pilot project,” Schwarm said.
At this point, interest has been shown for courtrooms in Peoria, Kankakee, Rock Island, Madison County and the 15th Circuit, which includes Ogle, JoDaviess, Carroll, Lee and Stephenson counties. Application has also been made for certain courtrooms in Cook County.
The first test came a couple of weeks ago, when cameras were allowed in a Rock Island courtroom for the trial of a sex offender.
The Supreme Court is leaving it up to the judges in the state’s 23 circuits to decide whether they wish to apply for participation in the experiment.
Schwarm said he would be discussing the matter in an upcoming meeting of the judges in the Fourth Circuit, which includes, Fayette, Effingham, Marion, Montgomery, Christian, Clinton, Shelby, Jasper and Clay counties.
“If we were to apply, we would probably look at one or two counties,” Schwarm said.
“We would consider such things as case loads and the courthouse setup,” he said. “Some of our newer courthouses are better set up to address media concerns.”
The policy set by the Supreme Court includes a number of guidelines, with the chief judge of the circuit and the presiding trial judge having the responsibility of:
• Controlling the conduct of any proceeding.
• Maintaining decorum and preventing distractions.
• Guaranteeing the safety of the courtroom, including any party, witness or juror.
• Ensuring the fair and impartial administration of justice.
“Our concern is making sure that it’s a fair trial, and our concern is that there are no impediments to the system working,” Schwarm said.
Under the policy, cameras will not be allowed in some cases. Those exceptions include divorces, child custody cases, juvenile cases, adoptions and evidence suppression hearings.
It also states that victims and other witnesses have the right to file an objection to video, photographic and audio coverage.
Those who wish not to be filmed or recorded are required to file an objection at least three days before a hearing or trial.
“In a trial, we make a real effort not to inconvenience the jurors and to keep the trial moving,” Schwarm said.
“It’s set up so these types of issues are addressed three days before the trial,” he said.
The policy allows up to two video cameras and two still cameras in a court proceeding, with media outlets required to file requests prior to a trial or hearing.
Helping the trial judge to deal with the media issues is a media coordinator, a local media representative.
“That’s so a judge has to work with one media person, not five or 10,” Schwarm said.
And while the policy contains specific guidelines, it is not a catch-all, Schwarm said.
“The trial judge has a great deal of discretion,” he said, noting that the judge has the authority to prohibit some or all extended media coverage.
And, he points out, even when cameras are allowed in the courtroom, that doesn’t allow individuals to shoot photos or videos, or make audio recordings.
“More and more people have Smart phones and iPhones and other devices that can be used for photos and videos,” Schwarm said. “The policy does not allow for that (by individuals other than the media). That is still prohibited.”
There is no timetable for how long the project will run, but Schwarm said, “I anticipate that at some point in time, this will no longer be a pilot project, but will be the policy for all courts in Illinois.”
He said he believes allowing camera in the courtroom can benefit the general public.
“I welcome transparency in the court system,” Schwarm said.
“The general public does not have a lot of contact with the court system, unless they are called for jury duty or they have a case.
“Most people don’t have a feel for what happens in the courtroom,” he said.
“I think they’re going to be pleased with the professionalism and the way justice is meted within our communities,” Schwarm said.