New Issues in High-Profile Trial Management

Transcription

1 New Issues in High-Profile Trial Management Presented by Rick Pierce, Judicial Programs Administrator Administrative Office of Pennsylvania Courts Beth S. Riggert, Communications Counsel Supreme Court of Missouri For the National Association for Court Management 2017 Midyear Conference Disclaimer: The opinions expressed herein are those of the individuals alone and should not be attributed in any way to the Supreme Court of Missouri or the Missouri Judiciary or the Administrative Office of the Pennsylvania Courts

2 A book review of the 1998 version noted: Whether the next or first highprofile case in your jurisdiction is a heinous mass murder or an election challenge you may well wish you had read this book before the petition is filed. A new website is on the horizon: Managing High-Profile Cases

3 Today s Objectives What do I need to know right now when a case of this magnitude lands on the steps of my courthouse? In developing a strategic plan for dealing with high-profile cases: Who are the essential players? What are the essential components? What threats (insufficient infrastructure, cyber-hacking, fake news websites) to our plan should I be prepared to address?

4 So what IS a high-profile case? Hard to define you know it when you see it, but it can sneak up on you! Often hinges on: A graphic or heinous crime or terrorism Status of parties involved including political figures, celebrities or those deemed notorious Hot-topic issues presented Community unrest Results in intensified interest from: Media Public Advocacy groups Those with a strong allegiance to a particular group or faction

5 For example Broadcast live to our living rooms, the O.J. Simpson murder case, for better or worse, arguably became The Trial of the Century and returned to our TVs last year, more than two decades later

6 History was not kind to high-profile cases Trial of Bruno Hauptmann 1935, New Jersey Attracted hundreds of journalists, photographers Led the ABA to adopt Canon 35, recommending a ban of electronic media from courtrooms

7 History was not kind to high-profile cases Trial of Dr. Sam Sheppard 1954, Ohio Hostile trial coverage, placement of media near prosecution, repeated broadcasts of confession U.S. Supreme Court held 8-1 trial was not fair judge should have delayed trial or moved venue

8 Managing high-profile cases A changing landscape Chandler v. FL U.S. Supreme Court, 1981 Defendants failed to show actual prejudice to their constitutional rights from presence of local TV cameras In response, ABA revised judicial canon Rule 3A(7) (formerly Canon 35) to permit cameras under guidelines designed to ensure fair administration of justice Everything changed when O.J. Simpson was tried for murder in the L.A. Superior Court

9

10 High-profile cases A modern perspective Michael Skakel (CT, 2002) Kobe Bryant (CO, 2003) Scott Peterson (CA, 2004) Michael Jackson (CA, 2005) Zacarias Moussaoui (VA, 2006) The other O.J. trial (NV, 2008) Casey Anthony (FL, 2011) Jerry Sandusky (PA, 2012) George Zimmerman (FL, 2013) Jodi Arias (AZ, 2013) Dzhokhar Tsarnaev (MA, 2015) James Holmes (CO, 2015) Owen Labrie (NH, 2015) Freddie Gray (MD, 2016)

11 Labrie after partial acquittal A Murder Trial as Tourist Draw in Central Florida Jackson found not guilty Crowds gather for Tsarnaev arraignment Juror talks about dismissal from Peterson case

12 High-profile cases A modern perspective High-profile trials do NOT happen just in other jurisdictions

13 Ryan Ferguson habeas hearing April 2012, Cole County, MO

14 Managing high-profile cases History teaches us we must have a plan We do not have to reinvent any wheels Extensive checklists already exist! Prepared by our advisory committee, made up of experts from a variety of jurisdictions, large and small, from around the country Available for every stage of litigation, online at It all starts with building the right leadership team!

15 Somebody s got to be in charge. Pennsylvania Judge John Cleland (presided over Sandusky)

16 Managing high-profile cases Step One Build a Leadership Team Judges presiding and administrative? Court administrator? Clerk? Other key court staff, as available? PIO IT director Security director state, local, other Jury manager/ombudsperson Facilities manager Legal counsel Local government executives county, city? Media organization leaders? Other community leaders state, local?

17 Managing high-profile cases Step Two Assess the case and interest it may generate What is unique about this case? A graphic or heinous crime or terrorism Status of parties involved including political figures, celebrities or those deemed notorious Hot-topic issues presented Community unrest Who is showing interest so far? Media Public Advocacy groups Those with a strong allegiance to a particular group or faction

18 Managing high-profile cases Step Three Are we aware of any special security issues? Any threats toward court or judge? Need for heightened security for parties, witnesses, jurors, attorneys? Need to sequester jury? Potentially sensitive case documents or evidence that will require special attention? How large of a crowd might we need to control?

19 Managing high-profile cases Step Four Where should we hold the proceedings? Can we adequately secure participants? Can we prevent potential jury interference? Can we accommodate a large crowd? Do we have overflow space for the public or media? If we anticipate a request to change venue or bring in an outside jury Where do we look? How do we support the assigned court or jurisdiction supplying jurors?

20 Managing high-profile cases Step Five What judge should hear the proceedings? How are judges typically assigned? Randomly? Rotational? Another method? What mitigating factors should we consider? Election/retention concerns? Well-versed in First Amendment and other media issues? Workflow management skills? Team player/leader? Personality? What if the entire court recuses?

21 Managing high-profile cases Step Six What about all our other cases? Don t forget the impact one high-profile case might have on the court s other cases, especially in a smaller jurisdiction. Leadership team meetings should discuss workflow impact with other court leaders: Judges assignment and management of other cases, possible relocation of other court proceedings Clerk s office impact on ability to keep up with other filings, records management Should non-essential offices or personnel be relocated?

22 Managing high-profile cases Step Seven How best should we select a jury? Will jurors be local or from another jurisdiction? Should the jury be sequestered? What other security will the jury need? How large should the jury pool be? Where should we hold jury selection? Must be open to the public, so consider crowd and media issues Do we have an ombudsperson to address juror concerns or stress? What needs might the jury have post-trial?

23 Managing high-profile cases Step Eight What media issues may arise? Who is expressing interest? Local? Regional? National? International? Print reporters? Still photographers? TV/radio? Web-only? Live-streamers? Bloggers? What are their equipment needs? Not all video cameras are the same! HDTV, web Do they expect to bring in mobile devices? Are they bringing satellite trucks? What kind of pooling arrangements are needed? How will you give media access to case filings and evidence How do your rules (cameras in courtroom, access to court records, etc.) govern such issues?

24 A municipal docket in Ferguson, MO, March 2015 Broadcast by closed-circuit feed from city hall to the city courtroom blocks away

25 Managing high-profile cases Step Nine What do we do about security and logistics? Given what you know from your planning process, assess your facilities accordingly. Assess the surrounding environment: Neighboring streets, businesses, schools, homes. Assess the air space too! Where will everyone park? Court staff, others doing business in the building, media (especially satellite trucks), crowd. Are mobile devices allowed? What about protestors? Establish appropriate perimeters and staging areas for media, crowd control, security.

26 Managing high-profile cases Step Ten How do we manage everyone s expectations? Consider issuing a decorum order! Articulates expectations and parameters that will apply to everyone involved in the case: Judge, parties/attorneys, victims/ witnesses, jurors, security, media, local officials, etc. How should we draft our decorum order? If your leadership team and any additional stakeholders meet to discuss, then the decorum order will memorialize their agreements. Make the decorum order readily available to the public.

27 that worked very effectively. Judge John Cleland (on Sandusky decorum order)

28 Managing high-profile cases But what if I am in a small jurisdiction? How do I deal with limited resources? Small or aging courthouse. No staff dedicated to or experienced in managing media, IT, security. Where else can I find help? Community resources? State court resources? Another jurisdiction? The National Center for State Courts, CCPIO, National Judicial College and the new website!

29 Commonwealth v. Sandusky Centre County, PA A small jurisdiction

30 Managing high-profile cases What lessons have we learned? Build and follow your plan: Use leadership team to assess case, interest and other special considerations Determine location, assign judge, how to select jury Manage other caseflow and employees Pinpoint all media issues Establish security and other logistics Issue decorum order

31 Managing high-profile cases What lessons have we learned? USE YOUR RESOURCES! The National Center for State Courts, Conference of Court Public Information Officers, National Judicial College And the new website!