Nebraska state courts to allow cameras in most proceedings and trials

Starting today.  This is a very interesting development for a few reasons.  First, it appears to apply to both criminal and civil cases, with exceptions made only for highly sensitive proceedings like juvenile and family cases, criminal pretrial motions, grand jury hearings, probate matters, and trade secret disputes.  Second, it is being permitted by state supreme court rule rather than legislation.  Third, the cameras will be operated by  external media outlets, who may edit the materials as they see fit (although they are cautioned to edit wisely).

I have long been an advocate of the educational and cognitive benefits of broadcasting courtroom proceedings, and was disappointed when the federal pilot project for recording selected civil proceedings was terminated in 2015.  Nebraska’s new policy is much more expansive than the federal pilot, and does pose a certain risk that courtroom events will be unfairly or improperly presented, that off-limits personnel (like jurors) will be shown, or that witnesses or lawyers will play to the cameras.  But I think the risk is minimal.  Continue reading “Nebraska state courts to allow cameras in most proceedings and trials”

Kentucky Senate passes bill to reallocate judgeships

The Kentucky Senate has passed a bill that would remove some general trial court judges from existing judicial districts and circuits, and add a roughly equal number of family court judges across the state.  The proposed reallocation of judicial resources would be the first in 124 years.  If the bill becomes law, it would go into effect in 2020.

The proposed reallocation is based on a weighted caseload study, a tool used by the federal courts (among others) for more than a decade to account for the complexity and expected resource consumption of particular case types.  Murder cases and complex commercial disputes tend to consumer more judicial resources than, for example, misdeameanors or garden-variety contract disputes.  Weighted caseloads try to account for these differences, and seek to allocate judges in a way that balances out the court system’s overall resources.  The National Center for State Courts assisted with the study.

 

Judicial pay linked to the salaries of top elected officials in Colorado

As reported here.  The legislation dates to 2015, but it has become freshly salient in light of the Chief Justice’s push for judicial pay hikes and the Governor’s request for across-the-board pay hikes for top elected officials.  Key graf:

One downside to Colorado’s approach: It could make it harder for lawmakers to consider judicial pay increases on their own merits. What happens, for instance, if a lawmaker believes judges are underpaid, but feels that lawmaker pay shouldn’t be increased?