Let the Sun Shine in Federal Courtrooms

A Supreme Court Justice who served from 1916 to 1939 famously declared “sunshine” to be the best disinfectant.  That truth has guided my efforts to bring greater transparency to the workings of the federal government, including the federal court system.  This week, the sun shone on my effort to pass legislation that would allow cameras and electronic media coverage in federal courtrooms.  The Senate Judiciary Committee approved my reform legislation with a vote of 12 to 6.

My Sunshine in the Courtroom Act would allow the chief judge of federal trial appellate courts to permit cameras in their courtrooms.  The bill would also direct the Judicial Conference, which is the principal policy-making entity for the federal courts, to draft nonbinding guidelines that judges can refer to in making a decision pertaining to the coverage of a particular case.  It also instructs the Judicial Conference to issue mandatory guidelines for obscuring vulnerable witnesses such as undercover law enforcement officers and victims of crime and their families.
 
I’ve sponsored this legislation for more than 10 years.  It’s been passed by the Judiciary Committee before, but it’s never made it all the way through the legislative process.  The initiative has led to the Supreme Court’s releasing audio of the oral arguments in compelling cases, starting with the Florida election count in the presidential race of 2000.  Chief Justice John Roberts has released audio recordings the day of oral arguments for more than 20 cases, including Grutter v. Bollinger, D.C. v. Heller, the Guantanamo Cases and the Citizens United Case.

Iowa and many other states have a long history of allowing cameras in courtrooms.  The use of electronic media in state courtrooms is a perfect example of how cameras can be used to bring greater accountability and public scrutiny to the federal judiciary.  Studies and surveys conducted in many states that permit some form of audio-video coverage in their courtrooms have confirmed that electronic media coverage of trials boosts public understanding of the court system without interfering with court proceedings.