2025 Oklahoma Summer Judicial Education Conference – Handouts

DEALING WITH CASES WITH HIGH MEDIA INTEREST & JURORS AND SOCIAL MEDIA

DISCUSSION GROUPS HANDOUTS (5 PAGES)

 OKLAHOMA SUMMER JUDICIAL EDUCATION CONFERENCE

JAMES M. (JIM) REDWINE

JULY 17, 2025

 

Please discuss the following issues. If you have questions during your discussions for me, please get Phil or Fred’s or my attention and I will come to your table. If you have questions for me after our class sessions, you may contact me via website (www.jamesmredwine.com), email (jmredwine@aol.com) or telephone (918-287-8009).

Cases With High Media Interest

I. How have you dealt with the media in your court?

 

     A. High profile cases

 

 

     B. Routine matters

 

 

 II. Techniques:

 

     A. Media information handouts or information on Court website or email.

 

      B. How would you allot media seating?

 

 

      C. Court’s procedures to assist Media.

 

 

      D. Change of Venue?

 

 

      E. Voir Dire (Individual).

 

 

      F. Sequestered Jury (detailed procedure such as motel?).

 

 

      G. Attorney conferences with briefs & attorney’s suggestion and the Parties, on the Record, in agreement.

 

 

Jurors and Social Media

 

I. What techniques have you used or would you recommend for dealing with potential or sitting Jurors and Social Media?

 

     A. Daily Jury Instructions (morning & end of day).

 

 

 

     B. How would you manage cell phones?

          Impound?

          Limit access?

          Turn off?

 

MEDIA QUESTIONNAIRES

Media (Public) Relations Person

1. Full name & name to be called.

 

2. Position with Court.

 

3. Location in Courthouse.

 

4. Telephone & email.

 

Media Person Information

1. Full name & name you wish to be called.

 

2. Name of Media organization.

 

3. Telephone number & email.

 

4. Special needs.

 

5. Number of seats needed.

 

 Hand Out Information for Media

1. Next day’s schedule.

 

2. Whether any closed procedures & why.

 

3. Names of proposed witnesses, whether can or cannot be named & why; e.g., child or alleged sexual assault victim.

 

4. How submit queries?

Search for “How Oklahoma trial judges dealt with news media in high profile cases?”

“AI Answer:

Oklahoma trial judges face the challenge of balancing the public’s right to access information with the need to ensure fair trials, especially in high-profile cases that attract intense media scrutiny.

Key Considerations and Practices:

• Camera Access: In Oklahoma, judges generally require express permission for the use of cameras, television, or other recording equipment in the courtroom. They also have the authority to prescribe the conditions and specific rules for such equipment use.
• Restrictions on Media Coverage: Judges can implement restrictions to protect the integrity of the process and preserve the right to a fair and impartial trial. These may include prohibiting photographing or broadcasting certain proceedings, especially those that are required to be held in private, and restricting access to proceedings where a witness, juror, or party objects to being photographed or broadcast. In criminal proceedings, broadcasting is often not permitted until the issues have been submitted to the jury for determination, unless all accused persons consent.
• Maintaining Order and Dignity: Judges expect media personnel to conduct themselves professionally and avoid distracting participants or impairing the dignity of the proceedings.
• Balancing Public Access and Fair Trial Rights: Judges consider the potential impact of extensive media coverage on the defendant’s right to a fair trial, particularly the presumption of innocence.
• Recusal Considerations: Judges may consider recusal (disqualification) if a personal or social media relationship with a litigant or attorney could create an appearance of impropriety, even if that relationship is not overtly biased. The Oklahoma Code of Judicial Conduct emphasizes that a judge should not create the impression that any person or organization can influence them.
• “Gag Orders” and other measures: In some cases, judges might issue “gag orders” prohibiting attorneys and other court personnel from talking to the media about a case to mitigate the effects of excessive media coverage.

Specific Examples:

• Terry Nichols Trial: In the state trial of Terry Nichols related to the Oklahoma City bombing, Judge Robert Murphy Jr. considered but initially denied requests for television coverage of the arraignment, though he didn’t rule out the possibility for later proceedings.
• Dispute over Camera Access: In the Nichols case, a judge ruled that a canon in the Oklahoma Code of Judicial Conduct allowing a defendant to refuse being broadcast violated the public’s right to access trials, emphasizing the importance of public observation of the proceedings.
• Modern Judicial Conduct: There have been instances of Oklahoma judges facing disciplinary actions for inappropriate communication during trials, even in seemingly unrelated high-profile cases. For example, an Oklahoma judge was investigated for sending numerous texts to her bailiff during a murder trial, including inappropriate comments, which raised concerns about the fairness and impartiality of the proceedings.

In essence, Oklahoma judges navigate the complexities of managing media attention in high-profile cases by:

• Setting Clear Guidelines: Establishing rules for media access and conduct in the courtroom.
• Prioritizing Fair Trial Rights: Implementing restrictions on media coverage to protect the defendant’s rights when necessary.
• Upholding Ethical Standards: Avoiding conflicts of interest and ensuring the integrity of the judicial process.
• Adapting to Emerging Technologies: Considering how modern communication methods like social media affect judicial conduct and potentially implementing guidance on their use.”