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U.S. Judges Vote to Keep Cameras Out of Federal Court : Judiciary: Panel moves to end successful pilot project. Their decision breaks from a trend in many states to televise legal proceedings.

THE WASHINGTON POST

At a time when television viewers have ready access to the drama of state court trials, the nation’s top federal judges voted Tuesday to keep cameras out of federal courtrooms.

In a secret vote, the policy-making U.S. Judicial Conference rejected a recommendation that would have expanded to all courts a pilot project that allowed cameras at civil trials and appeals in eight courts. The judges also voted to keep an absolute ban on cameras at federal criminal trials.

The action, a striking reminder of how much the federal judges cling to tradition, breaks from a trend in state courts to open their doors to television cameras and still photographers. An overwhelming majority of the states now allow televised coverage of some judicial proceedings.

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“They appear to have slammed the door on a very important experiment, which, if it had been expanded, would have benefited people throughout the country,” said Timothy B. Dyk, a Washington lawyer who has been pushing to open federal courtrooms on behalf of news organizations.

The judges’ vote snubs the millions of viewers who have turned TV trials into a pastime. Court TV, which has been on cable since 1991, has been wildly popular with its hour upon hour of legal proceedings. While Court TV plainly is a hit with sensational cases, such as the O.J. Simpson double-murder case, its staple is routine criminal trials from all corners of the country. Court TV inventor and CEO Steven Brill says the network educates viewers about the legal system as much as it entertains.

But judges have long worried that cameras would be disruptive and influence conduct of lawyers, judges, jurors and witnesses. The Simpson trial has generated debate over whether too much publicity can cost a defendant a fair trial.

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The 27-judge conference, led by Chief Justice William H. Rehnquist, did not make public any explanation of its vote. But spokesman David A. Sellers said Tuesday, “the tenor of concern was potential impact on jurors and witnesses, the view being that any negative impact could be a threat to the fair administration of justice.”

The vote against converting the three-year pilot project to a permanent venture was about 2 to 1, Sellers said.

The three-year pilot project included trial courts in Indiana, Massachusetts, Michigan, New York, Pennsylvania and Washington state. Participating appeals courts were the 2nd Circuit, based in New York, and the 9th Circuit, based in San Francisco.

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The Federal Judicial Center, the courts’ research arm, had considered the experiment a success. Earlier this year, it reported that the presence of cameras “did not disrupt court proceedings, affect participants in the proceedings or interfere with the administration of justice.” Researchers acknowledged a “small number of participants” said cameras have negative effects.

The Judicial Conference’s committee studying the subject had recommended the experiment be made permanent. Under the proposed ground rules, any federal judge would have had the discretion to deny a request for television coverage. As it stands, the pilot program will end Dec. 31.

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