Volume 3,  Number 1
Fall 2004

In This Issue . . .

Best Practices in Building Public Trust and Confidence:  Working with the Media

Welcome to this special issue of Public Trust News, highlighting effective practices to enhance public trust and confidence by working with the media. The National Center for State Courts' Best Practices Institute identified the practices with assistance from court professionals across the country. Please click here for more information about the Institute.

Public Trust News is prepared by the National Center for State Courts' Public Trust and Confidence Initiative, part of a broader effort to implement the National Action Plan: A Guide for State and National Organizations that resulted from the 1999 National Conference on Public Trust and Confidence in the Justice System. For more information about the national effort, visit the Public Trust and Confidence Forum.

Overview

An independent and accountable judicial system engenders public trust and confidence, in part, by informing the public of its operations and programs. There are mechanisms through which courts can speak directly to the public, supplementing the information filtered through accounts by former jurors, litigants, and others. For the most part, however, the mass media are the primary conduits of the information through which the public learns about and evaluates the quality of justice administered in local courts: "Television and newspapers are the modern civics teachers for most of us" (Government In and Out of the News, 2003, p. ii). A 1999 national survey found that 60 percent of the public "regularly" gets information about the courts from electronic media and 50 percent from print media. 

A well-prepared media strategy can enhance a court's image:  "Research findings suggest that the quality of a [police] department's media image has little to do with the municipality crime rate and more to do with how departments manage crime news and information" (Lovell, 2002). Journalists interested in and knowledgeable about the courts are a prerequisite to a public that understands and supports their courts.


Why Develop Best Practices for Working with the Media?
 
The Commission on Trial Court Performance Standards identified public trust and confidence as one of five fundamental responsibilities of courts.  Standard 4.4 in the area of Independence and Accountability mandates that "[t]he trial court informs the community of its programs."  During the landmark 1999 National Conference on Public Trust and Confidence in the Justice System, the 500 representatives of the bench, bar, and public identified "lack of public understanding" as a primary cause of low confidence in courts. The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators' (COSCA) Joint Committee on Public Trust and Confidence in the Judiciary; the Public Trust and Confidence Implementation Committee that was established following the 1999 conference; and participants of the conference asked for models and best practices to enhance public trust and improve public understanding. Addressing the public's lack of understanding is a multifaceted endeavor, requiring outreach to several different sectors, such as the local community, other components of the justice system, members of the media, and other branches of government. The practices that follow offer strategies to improve the understanding of, and communication with, one of those sectors: the media.

References

Bureau of Justice Assistance (1997). Trial Court Performance Standards with Commentary. Washington, DC: Bureau of Justice Assistance (NCJ No. 161570).

Government: In and Out of the News: A Study by the Council for Excellence in Government Conducted by the Center for Media and Public Affairs (2003). Washington, DC: Council for Excellence in Government.

Jarret S. Lovell (2002). Media Power and Information Control:  A Study of Police Organizations and Media Relations.  National Criminal Justice Reference Service, Report 197060.

National Judicial College and the Reynolds School of Journalism, University of Nevada. National Center for Courts and Media.

National Center for State Courts (1999). How the Public Views the State Courts: A 1999 National Survey. Williamsburg, VA: National Center for State Courts. (Funded by The Hearst Corporation.)

National Conference on Public Trust and Confidence in the Justice System (2000). National Action Plan: A Guide for State and National Organizations. Williamsburg, VA: National Center for State Courts.

How Were the Practices Developed?
Based on a review of resource materials, the staff of the National Center for State Courts' Best Practices Institute drafted practices and submitted the drafts to members of both the Public Trust and Confidence Implementation Committee and the CCJ and COSCA Public Trust and Confidence in the Judiciary Committee. The institute gratefully acknowledges the suggestions and comments provided by committee members.


What Are the Best Practices?
The following seven practices, drafted in 2004, are offered as a framework for courts to review their efforts to enhance public trust and confidence with regard to the media. An overview of each practice is presented, followed by examples of how the practice could be or has been implemented and associated resources for more information.

1. Identify and educate one or more court contacts for the media

Most states and some local courts designate an office or an individual to serve as liaison with the media. Such a designation helps the media know where to go for information and keeps court communications consistent. Equally important, identifying a liaison helps build long-term relationships with the local media and, thus, trust and credibility.* If a formal liaison is not feasible, a court can identify specific court staff or judges who will serve as the primary liaisons with the media. Educating liaisons about the needs and practices of the media, and about the nature of and reasons for the parameters courts place on access to court records, is critical.

Examples and Resources

*It is important, however, to be aware that the media, at times, may also want to talk with other court representatives. A recent study indicated that police departments that encourage media communications at all ranks report a more favorable media image. It is not known whether these findings also apply to courts, but sensitivity and some flexibility regarding access to other court representatives may be prudent for long-term court and media relations. See Jarret S. Lovell, Media Power and Information Control:  A Study of Police Organizations and Media Relations,  National Criminal Justice Reference Service, Report 197060 (2002).

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2.  Prepare and periodically update a media policy

The National Association for Court Management's "Court Community Communication Curriculum Guidelines" maintain that "[e]ffective court leaders neither fear the media nor take a reactive posture.  Instead they plan and are skilled and confident in their media relations abilities.  They develop and effectuate proactive media relations plans" (2002, p. 13).

A media policy establishes the objectives, methods, and ground rules through which the court seeks effective relationships with the print, electronic, and other media.  To be truly effective, a media policy should be made public.
 
Examples and Resources

3. Actively foster good relationships with media

Many states and local courts foster relationships with the media by soliciting feedback, being receptive to suggestions to improve policies, working with media representatives on joint committees, and providing educational programs. The courts are viewed as newsworthy primarily when something goes wrong or is perceived to go wrong. Courts cannot assume that reporters and journalists understand the role of the courts and are versed in the reasons why courts adhere to certain practices and policies. It is the court's job to educate the media on judicial parameters, including those specified in the Code of Judicial Conduct, and courtroom policies to protect fair and impartial legal proceedings.

Judicially sponsored educational programs, media conferences, and seminars are useful tools for the promotion of mutual understanding between the courts and, ultimately, the general public. Periodic meetings with the editorial boards of local newspapers and newsrooms also promote accurate and fair coverage of the courts. In addition, a well-rounded media policy incorporates outreach to the minority media.

Examples and Resources

  • Bert Brandenberg, Executive Director of the Justice at Stake Campaign. "Communications Strategy for Conduct Committees." (By substituting "court" for "conduct committee," this presentation offers a media insider's guide to working effectively with the media.) 
  • Colorado's Judicial Branch and the Colorado Bar Association organize and conduct a seminar/workshop for reporters to increase reporters' knowledge of the judicial system and the law. The workshop features several judges and a session on the laws and guidelines for open records in Colorado. The workshop has opened up many lines of communications with reporters, helping to ensure more accurate stories. Costs are shared between the judicial budget and the Colorado Bar Association budget.
  • The Delaware Bar Bench Media Conference consists of representatives of the Delaware media, judiciary, and legal community. The program was designed to develop and foster the judiciary-media relationship by serving as a forum for discussion of matters of concern for all aforementioned parties. Meetings are open to all members of the public, and records of proceedings are available for public inspection. See the Supreme Court of Delaware's Bar Bench Media Conference of Delaware. 
  • Florida's County Court Judges' Public Education in the Courts Teams (PECTs) provide media response/relations teams, develop public service announcements, and solicit comments from the media.
  • The Florida Supreme Court and Florida Bar conduct an annual "Reporters' Workshop," which awards fellowships for 25 journalists statewide to receive intensive training on the law and the courts. During the workshop, reporters meet bar leaders, judges, and all seven of the supreme court justices.
  • For both years of his 2002-2004 term, Florida's chief justice met with editorial boards throughout Florida to explain the importance of enacting legislation required by a 1998 constitutional amendment that mandated a unified state courts' budget by July 1, 2004.
  • Hawaii Court Information Officer Marsha Kitagawa (2000). "Recommendations for 1. Improving the Relationship between the Courts and the Media, 2. Improving the Media's Understanding of the Courts, 3. Improving the Courts' Understanding of the Media, and 4. Facilitating Accurate and Balanced Coverage in High Profile Cases."
  • Indiana's Judicial Advisory Committee on Media Relations provides an open forum for bench and media issues and gives Indiana judges the opportunity to seek assistance on media and public relations issues. Indiana Judicial System (2003). "Bench-Media Group Formed to Educate About Courts."
  • The Louisiana Supreme Court, the Louisiana State Bar Association, and the New Orleans Press Club cosponsored a "Law School for Journalists" to help the press become better informed about the judicial system.
  • The Maricopa County Superior Court in Arizona created a Hispanic Media-Hispanic Judges Committee in 2004 that meets quarterly to educate reporters, build relationships between judges and the media, and pitch story ideas.
  • The Michigan Judicial Institute offered "A Journalist's Guide to Michigan Courts" in September 2004. This workshop covered topics such as the challenge of covering the courts; an overview of Michigan civil, criminal, and family proceedings; an overview of federal and appellate criminal proceedings; the setting of precedents; and media law, including FOIA, Open Meetings Act and the First Amendment.
  • The National Center for Courts and Media (NCCM). "Our Purpose." (Provides information on national courts and media conferences and a resource center for journalists and judges.)
  • The New Hampshire Joint Committee on the Judiciary and the Media provides a forum for addressing important issues that arise concerning media coverage of the judicial system. A representative of the judiciary and a representative from the media jointly chair the committee, which meets four times a year.
  • The Rhode Island Public Information Officer (PIO) works with the Hispanic radio station to include a judge once a month on a call-in program to take audience questions. The PIO also reaches out to minority media to place advertisements for job openings.
  • Tennessee's "Law School for Journalists" provides a day-long program on relevant topics, ranging from camera use in the courts to legal research methods. The law school is cosponsored by the Freedom Forum First Amendment Center at Vanderbilt University. Tennessee Administrative Office of the Courts (May 2002). "Supreme Court, Freedom Forum Sponsor State's First Law School for Journalists."
  • Wisconsin offers the "Appellate Court Seminar for the News Media," designed by media representatives and judges to educate reporters and news managers via lectures explaining court operations, tours of facilities such as the Wisconsin State Law Library and supreme court chambers, and question-and-answer sessions.

4. Provide easy access to electronic and written court information

Court Web pages provide a powerful vehicle for making readily accessible to the media explanations of the court system, immediate access to court decisions, speeches by judges, and press releases. Web sites also help familiarize media representatives with court procedures and policies. Some states and local courts have compiled media reference kits and published guidelines for media. More generally, a current, well-constructed Web site allows the court to shape its overall image as seen by the media and the public. Printed material also is important and should be available for the media.

Examples and Resources

  • California Courts: The Judicial Branch of California. California Courts' Online Press Center. ("Designed to assist journalists in covering the courts by providing news and background materials about California's judicial branch.")
  • The Florida Supreme Court now releases all of its documents to media and the public via its Web site at www.flcourts.org, on the supreme court press page. Media are notified of breaking news via an instantaneous e-mail list. This "electronic newsroom" completely replaced the court's existing newsroom by 2002 and delivers information to media faster and without the delay of producing paper copies.
  • The Internet Guide to the Idaho Courts is an electronic companion to the hard-copy Media Guide to the Idaho Courts. Both guides provide a quick source of basic information for journalists covering the Idaho court system. The Internet Guide contains links to numerous relevant laws and rules, as well as to other Internet sources of legal information.
  • The Journalist's Guide to Maryland's Legal System.
  • The Utah State Courts' Online Media Resource Center assists journalists covering the courts by providing news and background materials about the judicial branch. A news release subscription service allows media to receive court news releases and media advisories via e-mail.
  • Many states provide access to press releases, speeches, reports and so forth on their Web sites. See, for example, the Web pages of the Connecticut Supreme Court, Hawaii, Kansas, Kentucky, Maine, and Minnesota.
  • The U.S. Supreme Court developed and posted  A Reporter's Guide to Applications Pending Before the Supreme Court of the United States, which explains in plain terms the process by which requests for emergency action, such as for a stay of execution, are handled by the Court. These actions are often dealt with after regular business hours and are bound by a set of unique rules. This is very helpful to reporters who do not usually cover the Court.

5. Generate good publicity-address negative press

Courts should actively publicize the ways in which they serve the public and should respond to criticism by addressing problems and righting inaccurate perceptions. Much of what courts do, especially if an activity is non-decisional, is not viewed as inherently newsworthy. However, guardians ad litem programs, litigant self-help centers, court interpreter services, and other efforts to increase access for litigants are all noteworthy. Courts cannot assume that the media are aware of these efforts as a matter of routine.

Special events can help focus media attention on positive and ongoing programs. For example, the 50th anniversary of the U.S. Supreme Court's decision in Brown v. Board of Education provided an opportunity for courts to explain their role in the country's system of government and highlight how courts protect the rights of individuals. Periodic op/ed pieces by judges offer another opportunity for the courts to promote their accomplishments and educate the public through the media. In addition, Law Day provides a recurring opportunity to focus the media's attention on the courts.

Examples and Resources

  • American Bar Assocation. "Reaching the Media." (Information on establishing good working relationships with media in the context of promoting Law Day activities.)
  • California Judicial Branch. Online Press Center. "Brown v. Board of Education Celebrating 50 Years: May 17, 2004."
  • The Florida Supreme Court, in cooperation with Florida State University, broadcasts live audio and video of court arguments on the Internet. Archived audio and videos can be accessed 24 hours a day. WFSU-TV (Florida). Gavel to Gavel: Broadcast Archives.
  • The Michigan Supreme Court encourages the public to attend oral arguments and public hearings and journalists to cover those court proceedings. MGTV also cablecasts Michigan Supreme Court oral arguments across the state.
  • The Puerto Rico newspapers have a Monday column dedicated to the courts.
  • The Rhode Island Bar Association's efforts to increase public trust and confidence include joint programming with the law school, public school systems, and the courts in developing an educational television series on various elements in the law.


6. Educate the bench and court staff on the media

Working effectively with the media requires that judges and court staff be somewhat conversant with the process by which topics for news stories are selected, investigated, and turned into an article or news segment. They also need to understand the timelines under which different media operate. As appropriate, individual judges and court staff should be trained in the skills that are conducive to accurate and persuasive coverage of the court. There is considerable value in providing regular training for both staff and judges by a media relations professional. Such training is particularly important in high-profile trials.

Examples and Resources

  • Assistance in formulating and disseminating editorial opinion pieces is available in the 20 states that currently participate in the American Forum, a nonprofit organization that provides professionally prepared and easily used materials on state issues to print and broadcast media.
  • Duke University Office of News and Communications. "Op-Ed Articles: How to Write and Place Them."
  • DePaul University. "How to Write an Op-Ed and Get it Published."
  • Cynthia Gray (1998). When Judges Speak Up: Ethics, the Public and the Media. Chicago: American Judicature Society, 1998 (includes an instructor's manual, self-study guide, video, and CD-ROM).
  • Rebecca Fanning, Minnesota Court Information Officer (1989). Judges' Media Relations Seminar (a notebook that includes general and specific advice on contact with the media).
  • Missouri Press-Bar Commission (1983). Law and Courts in the News: A Media Guide for Judges and Lawyers.
  • New York Office of Court Administration (1997). Dealing with the Media: A Judicial Perspective [VHS videocassette].

7. Prepare for high-profile cases

High-profile cases are complex media events. Public understanding of how and why the courts handle cases and make information public or keep it confidential depends largely on how the media cover the case. Media and public perceptions of court performance will be colored by how well courts handle these cases. Careful preparation of and timely distribution of material to the media explaining court procedures and processes, always important, are critical in a high-profile case.

Examples and Resources

  • S. L. Alexander (2000). "A Reality Check on Court/Media Relations." Judicature 84, no. 2 (provides a critique of how the court worked with the media in the high-profile prosecution of former Louisiana governor Edwin Edwards).
  • Jerrianne Hayslett. "Helpful Aids for Situations of Significant Media Interest."
  • Los Angeles Superior Court Public Information Office. "Media Relations Plan for High Profile Cases."
  • Timothy Murphy, Paula L. Hannaford, Genevra Kay Loveland, and G. Thomas Munsterman (1998). "Dealing with the Media in a Notorious Trial," chapter 2 in Managing Notorious Trials, 2nd ed. Williamsburg, VA: National Center for State Courts. The chapter begins with 16 "lessons learned" and the volume's appendices include examples of material developed for, or based on, specific high-publicity trials.

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