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Vol. 35, Number 7—July 2003 Journalists and the Courts What reporters really think about the courts and judges Several former journalists, who have covered the federal courts for a collective 75 years, sat down recently to discuss the news media and its often uneasy relationship with the federal courts. The journalists were Carl Stern, Stephen Wermiel, and Ron Ostrow. Stern has been a broadcast journalist for 33 years, 26 of those as the Supreme Court and Justice Department correspondent for NBC. Wermiel was the long-time Washington correspondent for the Boston Globe and the Wall Street Journal. Ostrow reported on the courts and legal news for over 40 years for The Wall Street Journal, Business Week Magazine and the Los Angeles Times. The three were interviewed by Dick Carelli, now a member of the Office of Public Affairs, Administrative Office, but formerly the Associated Press Supreme Court reporter for 24 years. Here are some of their observations. On the relationship between judges and journalists…. "I think it's great to have judges and journalists talking any time because I think it's always beneficial. But I think it could be more beneficial if there was a recognition on both sides that they share one mutual interest, and that's trying to get accurate information about what the federal courts are doing..." Wermiel "In fact, most of the time reporters are scared to death that they're going to miss something. They want to know, procedurally, what's going to happen next...And, if judges would be a little bit more mindful of the primary work-a-day concerns of report-ers...then perhaps they would be a little less frightened of letting reporters have more information." Stern On judges' reluctance to speak with the media... "My favorite subject is recusals. I still to this day do not understand what the harm is in a judge making a statement or having his office issue a statement about the reason the judge is recusing him or herself. Otherwise, there's all sort of speculation that goes on, and I think it erodes confidence in the Judiciary." Ostrow "As a routine matter, nobody's looking to have judges make on-the-record comments that are going to be broadcast or quoted... But there's also a whole level at which judges can talk to reporters off-the-record and explain what's going to happen in a trial, what the procedures are, what the issues are, and maybe even explain a ruling." Wermiel "We all hope to serve the public... The overall point is that we are trying to make sure that important matters are brought to the public's attention." Stern On the lack of training for reporters... "It would be useful if judges would recognize the fact that a lot of young reporters are going to appear in their courts who are unfamiliar with the protocols on the courthouse... Let's take the world as it is; judges need to understand and appreciate the fact that they have a role, or their staffs do, in familiarizing the press with the protocols of their courts." Stern "The judges and the courts ought to have some responsibility for helping to educate, but I think we shouldn't let the media off the hook either. I think that judges certainly could say to editors and publishers in their communities... that there's a need to train journalists better in covering legal matters." Wermiel Don't assume reporters know what you require... It's amazing to me the extent to which judges and the press don't really understand how each other does their own thing. Stern On cameras in court... "I think you have to separate the appellate courts and the trial courts. Start with the appellate courts. I think it is totally unjustified to prohibit cameras generally... The odd thing is that judges are concerned that television people will just use these little snippets, as Warren Burger used to say, and that will distort what they actually said. The fact is when they don't permit me as a reporter to bring my camera in and use actual excerpts, what the public gets to know of what the judge said is what I say the judge said. It's actually more in the judge's interest in terms of accuracy... and the context to hear from the judges themselves..." Stern "I have never felt that having cameras in the courtroom would necessarily make that much difference one way or the other. I think after the novelty wore off, as it has with a lot of state courts, relatively few people would be watching." Wermiel On judicial nominations and confirmations... "I'd like to see the media spend as much energy and effort covering the courts as they are in covering the political fight over judicial nominations. I think a tremendous amount of time and energy is going into the political battles because the media loves a good political fight. I'd love to see some of that energy going to covering a trial or an opinion instead of just covering the filibusters." Wermiel "I can't point to a poll that says it, but the politicization of the process, I think, makes people think the Judiciary is much like the legislative branch." Ostrow When reporters make mistakes... "Call the reporter as an initial step. If that didn't work, if it happened again, call the editor. If that didn't work, most papers now have ombudsmen or reader representatives. He or she will run with it." Ostrow "If this is the reporter who covers the courthouse, absolutely pick up the phone and call the reporter. If it's a reporter who you may not have a relationship with, then maybe call the editor and say it isn't that you are demanding a correction, it's just that you would like the editor to understand why the story is wrong so that the next time it is correct." Wermiel "I can remember Judge Frank Johnson, who was very good in having reporters come back to his chambers so he could make sure they understand what the court was doing. The fact is... the courts are very stingy with information for reporters on how a case is being processed. And I frankly don't see why it would be so harmful for them to be a little bit more forthcoming." Stern On the public's perception of the Judiciary... "I'm under the impression that the public is dismayed at the length of time that it takes to process significant cases, and the courts do a miserable job explaining why something has to be scheduled for next November when we're in May." Stern "Greater public information, greater access, greater explanation of what the courts are doing, I think, would help credibility and public belief in the courts." Wermiel "... They're (the public) depending on commercial television for their news... It used to be... the practice of reporters running out to where cases originated and... putting a human face on a case. And those were powerful [stories], I thought, increasing the understanding of the court system. Very rarely do I see that now." Ostrow

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