Ruling lets cameras, sunshine into courtrooms

Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.

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The Minnesota Supreme Court has wisely issued a ruling that expands camera and audio coverage of courtroom proceedings.

The decision has been long in the making, coming after decades of calls to modify what had become an outdated policy. Florida was the first state to permit broad video and audio access to court proceedings in 1979. More than 35 states now allow access, including neighbors Wisconsin, Iowa and North Dakota.

The Star Tribune Editorial Board has been among the many entities seeking such coverage, persuaded long ago that the benefits of transparency would outweigh potential disadvantages. The track record showing that modern technology can open a window onto court proceedings without being disruptive is a strong one.

Minnesota's restrictions have been easing over time, most notably in civil cases. In criminal cases typically all parties, including the judge, prosecutor, defense and others, must agree to video coverage, and that is a rarity. Under the new ruling, which takes effect in January, the judge in each case will have broad discretion.

Supreme Court Chief Justice Lorie Gildea, writing for the majority, said it was the court's finding that the change would "promote transparency and confidence in the basic fairness that is an essential component of our system of justice in Minnesota and protect the constitutional rights and safety of all participants in criminal proceedings in the state."

Minnesota Attorney General Keith Ellison said his own thoughts on cameras in the courtroom have evolved. "I've gone from really being against it to really being in favor," he told an editorial writer. "I used to think it might intimidate witnesses. But the real effect has been to educate the public about how courts work." The Chauvin case, Ellison said, was one of the instances that helped change his mind. "People really understood what was going on," he said. "They could see for themselves what was happening. Having cameras in the courtroom, I'm convinced, has the potential to instill trust."

And rather than playing to the cameras, he said, "we find that most lawyers really get on their p's and q's, because they know everything is being recorded."

Not every justice on the court agreed with the ruling. Justice Anne McKeig, a former Hennepin County prosecutor, wrote a dissenting opinion that said expanding access could worsen a tendency for the criminal justice system to issue disparate sentences to persons of color, although she acknowledged that there is no data in support of that assumption.

Mark Anfinson, a First Amendment attorney who has represented the Minnesota Newspaper Association, said in a Star Tribune story that judges increasingly would see the benefits and want camera coverage, "not for the sake of the media, but for the sake of the court systems." Like Ellison, he believes that "the people's confidence in the courts will increase when they are able to get a sense of the full spectrum of criminal court proceedings."

Anfinson believes that letters in support written by Cahill, reflecting his experience presiding over the livestreamed Chauvin trial, factored into the high court's decision. Millions watched the trial worldwide.