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Full-Text Articles in Law
Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz
Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz
Washington Law Review
During a prosecution for attempted murder, the trial judge determined that detailed reporting of the pretrial suppression hearing would jeopardize the defendant's right to a fair trial. Judge Swedberg therefore conditioned the media's attendance on their agreement to abide by the 1974 Washington State Bench-Bar-Press Guidelines. Federated Publications, publisher of the Bellingham Herald, refused to sign the agreement and refused to allow its reporters to attend solely in a nonprofessional capacity. It argued that conditioning media attendance on compliance with the Bench-Bar-Press Guidelines constituted a prior restraint and that the trial judge exceeded his power by excluding nonsigning media representatives. …
Cameras In The Courtroom And Due Process: A Proposal For A Qualitative Difference Test, Jeremy Cohen
Cameras In The Courtroom And Due Process: A Proposal For A Qualitative Difference Test, Jeremy Cohen
Washington Law Review
The issue of cameras in the courtroom is at a crossroads. Many criminal defendants tried in the presence of the electronic media have claimed that they were denied due process, yet neither the Washington courts nor the federal courts have adequately defined the standards under which these claims will be evaluated. This failure to reach a definition has left the courts unable to state why cameras will be permitted at one trial and not at another. Creating standards to determine when the presence of cameras denies a defendant due process is not an easy task. The most promising judicial approach …
Court Rulemaking In Washington State, Hugh D. Spitzer
Court Rulemaking In Washington State, Hugh D. Spitzer
Articles
Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.