"The change would give the public greater access to the legal system and keep the federal judiciary more accountable," he said. "Nearly every state already gives cameras access to the courts. And no state has ever rescinded its decision to let the sun shine in."
The use of cameras is currently prohibited in federal criminal proceedings at both the trial and appellate level. However, modern audio-visual coverage of court proceedings is currently permitted in some form in 47 of the 50 states, including Iowa.
Grassley unveiled his legislation ? titled the Sunshine in the Courtroom Act ? at a Capitol Hill news conference with Sen. Chuck Schumer of New York and Reps. Steve Chabot of Ohio and William Delahunt of Massachusetts.
The bi-partisan, bi-cameral bill would allow, but not require, federal judges to open their courtrooms to the photographing, electronic recording and televising of federal court proceedings. It addresses concerns about the safety of witnesses who are called to testify by requiring courts to use available technology to disguise the face and voice of a witness upon request.
Grassley said the proposal advanced today is based in part on a successful pilot program sponsored by the Judicial Conference which placed cameras in selected federal courts between 1991 and 1993. The Judicial Conference, in consultation with Congress, sets the guidelines for federal criminal and civil procedure. This gives Congress the responsibility and authority to offer recommendations such as the Sunshine in the Courtroom Act.
Grassley said that allowing cameras in the courtroom is consistent with the founding fathers' expressed intent that trials be held before as many people as choose to attend. The First amendment requires that court proceedings be open to the public and, in turn, the news media.
Last year, the U.S. House of Representatives passed legislation to open the federal courtroom door to cameras. The Senate did not consider such a measure during the 105th Congress.
Grassley is chairman of the Senate Judiciary Subcommittee on Administrative Oversight and the Courts. Schumer is a new member of the subcommittee and a former member of the House Judiciary Committee. Chabot and Delahunt are members of the House Judiciary Subcommittee on Commercial and Administrative Law.