[Congressional Record Volume 143, Number 159 (Wednesday, November 12, 1997)]
[Extensions of Remarks]
[Pages E2327-E2328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUNSHINE IN THE COURTS

                                 ______
                                 

                        HON. CHARLES E. SCHUMER

                              of new york

                    in the house of representatives

                      Wednesday, November 12, 1997

  Mr. SCHUMER. Mr. Speaker. In April of this year, I along with my 
distinguished colleague from Ohio, Congressman Chabot, introduced H.R. 
1280, the Sunshine in the Courtroom Act. H.R. 1280 allows 
photographing, electronic recording, broadcasting, and televising to 
the public of Federal court proceedings at the discretion of the 
presiding judge. This legislation is key to opening our Federal courts 
to cameras in order to educate the public and increase understanding of 
our Federal judicial system.
  Allowing sunshine into our Federal courtrooms is one of the best ways 
to expand public knowledge on how our Federal court system operates. In 
recent years, there has been an increasing concern regarding our 
courts. Changes of judicial activism are eroding confidence in the 
legitimacy and fairness of Federal court proceedings. If the public 
continues to be kept in the dark about what occurs behind the doors of 
Federal courtrooms, these concerns and criticisms will surely mount. 
The availability of televised courtroom proceedings will increase 
public confidence in our Federal system, as demonstrated already within 
State courts around the Nation. Decisions made in Federal courts have 
the capability to affect every citizens life. The public should have 
the opportunity to see and understand how these cases unfold.
  In 1997, the House of Representatives passed a House resolution to 
televise House floor proceedings and committee hearings to the public 
to create a greater degree of accountability of Members of Congress to 
their constituents and to enable the public to obtain a greater 
appreciation for the work that occurs on Capital Hill. C-SPAN coverage 
of the House allows citizens to watch and learn about the legislative 
branch for themselves, instead of relying solely on the media to 
interpret for them what is happening in Washington, DC.
  I was elected to the House of Representatives for my ninth term last 
election by the citizens of my district in New York, and I continue to 
be accountable to every one of my constituents. Through C-SPAN 
coverage, they can see for themselves the issues I fight for and 
against on their behalf. It is time to take this idea of cameras for 
accountability and expand it into the judicial branch of the Federal 
Government.
  I would also like to emphasize to everyone that H.R. 1280 does not in 
any way encroach on the powers of even one Federal judge. Quite the 
contrary, it is a pure grant of discretion, empowering the Federal 
judge to open or close proceedings that today are closed regardless of 
the judges desire and willingness to open the proceeds to public view. 
The Sunshine in Courtroom Act allows cameras in Federal courts only 
upon the approval of the presiding judge in each specific case. There 
are certain cases that are too sensitive to allow full media coverage 
of its judicial proceedings, such as trials involving minors, or cases 
in which a witness or members of a jury need to be kept confidential in 
order to protect them from harm. I do not want there to be any 
confusion on the fact that H.R. 1280 leaves judges total power to deny 
or limit television coverage of these types of cases.
  Mr. Speaker, my fellow Members of Congress, the Sunshine in the 
Courtroom Act is legislation that is long overdue. Opening up our 
Federal courts will allow the public to see how our justice system 
really works and to gain a greater appreciation and trust in our 
Federal courts. In the second session of Congress we need to make H.R. 
1280 a priority by holding hearings on this issue and then, passing 
this legislation into law. We, as Members of Congress, need to assert 
our dedication to keeping the Federal Government open

[[Page E2328]]

and accessible to the public by letting sunshine into our courtrooms.

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