This case will surely make the law journals.
Judge James L. Shumate
Yesterday, Utah Judge James L. Shumate ordered a TV news reporter to produce a public-service story because she broke one of his court rules. Apparently, she interviewed a potential juror before the trial of polygamous sect leader Warren Jeffs. The judge had barred reporters from talking to potential jurors until after the trial. The TV reporter, Katie Baker says she didn’t know about the restriction. When she was hauled into court, the judge accepted her explanation, but gave her 90 days to come up with a public-service story and bring him a DVD copy or be found in contempt, which means she could go to jail or get a fine.
TV Reporter Katie Baker (click on the picture for more info)
Baker says she was inexperienced in covering courts and didn’t know he had ordered the media to stay away from the jury pool. Yes, people at her station did know, but the story aired any way because the news manager most knowledgeable of the rule wasn’t involved with her story that day. It’s a sorry excuse, I know. But ignorance of the law is no excuse. It’s a legal precedent that was established back in the 1600s by English jurist and philosopher John Selden. He wrote “Ignorance of the law excuses no man; not that all know the law, but because ‘tis an excuse every man will plead, and no man can tell how to confute him."
But – and this is a big “but” – even though Baker was wrong and she should be punished, can a judge order her to do a story? A first amendment expert says “The notion that a judge can either compel a journalist to write a story, or sit in judgment on a story to determine if it sufficiently serves the public interest, is extremely disturbing.”
Judges can order drug addicts into rehab, they even can order bad parents (Britney Spears) into counseling, but can they order television stations to air stories?
Sounds to me like this judge is overstepping his bounds.
Comments (2)
This guy might get a syndicated tv program on WCIU with the rest of the tv clowns, there is always room for more ratings
Posted by mike ross | October 25, 2007 9:41 PM
Posted on October 25, 2007 21:41
Of course he is. I'm more amazed how "ignorant" this journalist is.
Posted by Paul Young | October 21, 2007 10:54 AM
Posted on October 21, 2007 10:54