The Epp Law Report
Legal news, views, and analysis from a practicing attorney

Should Bloggers Be in the S.D. Trial Courts?

I sent the following message out to fellow bloggers and selected members of the media today. If you have any thoughts, email me at toddepp(at)gmail(dot)com or leave a comment.
Dear Fellow Bloggers (and those who love them):

I have been asked by the UJS to testify before the Cameras in the Courts Commission in Rapid City on Friday. I was chosen largely because I am a blogger and a trial lawyer. The committee thought they should account for blogging technology in their consideration of possibly opening up the trial courts to cameras and other technology.

My own view is that as much of the judicial process should be open to the public and technology that can present proceedings to the public. I would continue to draw the line on juvenile matters. Much of the discussion I've had with fellow attorneys and judges is that cameras should be excluded from motions to suppress and motions to exclude evidence. My own view is that too should be open but I am open to contrary views.

In our quarterly 2d Circuit Bench/Bar meeting Friday, most of the circuit and magistrate judges present seemed to think that blogging and live blogging was ok, as long as the blogger isn't disrupting the proceedings. Trickier questions come into play when it comes to who can take photos and where. If a blogger can take photos, should a general member of the public?

Prior to preparing my presentation, I would like to hear from my fellow bloggers (and even one who is also a blogger and an attorney) about what they would like to see the new in the rules the South Dakota Supreme Court adopts. Please email me or call me before Wednesday if you have some thoughts. I will be on the road Thursday.

Thanks for your consideration and assistance.

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