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Gertner on media: A call for cameras

By Mark Obbie

Massachusetts federal district judge Nancy Gertner makes some thoughtful comments on judges' interactions with the public, and with journalists, in this half-hour interview on Legal Talk Network by hosts Bob Ambrogi and J. Craig Williams. She ends it with a provocative statement, amid a discussion of what judges can do to improve public understanding of the law and courts. "In time, maybe, we'll one day have cameras in the courtroom, if I have anything to do with it," Gertner says. "Courts should be much more accessible to everyone in a way that they've never been before." That's especially noteworthy, given that Gertner is considering ruling on a petition to open her courtroom to cameras, as I blogged about here. (Evidently Gertner has not yet ruled on whether to allow Courtroom View Network's camera.) Leading up to that zinger was a lively discussion on the quality of news coverage of the courts, distinguishing quality reporting from unreliable rumor, and the need for judges to play a more prominent role in countering criticism of the courts and teaching people what judges actually do. The first question of the interview touches on Gertner's role as a blogger at Slate's Convictions blog -- she was invited to contribute there by her former student Emily Bazelon, now Slate's legal editor -- but it's a quick discussion (about how blogging "didn't seem to be a great leap" from her role as frequent op-ed writer and teacher) that only alludes to her relative inactivity as a Convictions contributor (only a handful of times, and not once since late April, if Slate's search tool is to be believed). But at the 10 and a half minute mark, Ambrogi begins a series of questions that continually pulls the conversation back to judges' public roles. Current rules limiting judges' public comments are too narrow, Gertner says, as she applauds efforts by the American Bar Association and various state bars to unleash judges. "I think that that is so important," Gertner says, adding a moment later, "I'm appalled by the way our profession and judges in particular are talked about on the media." The key problem now, Gertner says, concerns the strict limits on judicial comment when particular decisions are criticized: Why doesn't she blog more? Gertner hints that it isn't just because she's busy, though that is a factor. It's also, she says, because the conversation at Convictions can be awfully pointed in analyzing Supreme Court decisions. So Gertner believes in drawing lines on public commentary, but it's good to hear a judge who believes in drawing that line further out than it is now. And it's especially good to know that she is open to a discussion about cameras in a federal court.

Full post as published by Lawbeat on July 12, 2008 (boomark / email).