Media relations in high-profile cases

This guidance complements our high-profile case management recommendations. 

Responding to the media  

The media relations role provides media and public relations expertise to the trial judge, serves as the court's media representative, monitors compliance with court orders related to media coverage, offers corrections to inaccurate media reports concerning trial procedures or operations (when necessary), monitors cyberspace and social media for problems or issues potentially affecting the high-profile case, and establishes and maintains a trial web page, if necessary. The media relations role may also receive and respond to public records requests in coordination and communication with court management.

Depending on the court, this role may be filled by a court public information officer (PIO), state PIO, or communications officer. Not all courts have a state or local PIO or communications officer. In this situation, this role may be filled by someone within the court who has the expertise and authority to successfully serve as the court's representative to the media (i.e., chief judge, trial judge, chief administrator, court administrator).

General responsibilities of the court

• Provide timely and accurate responses to media inquiries
• Facilitate fair and equal treatment of all media organizations
• Disseminate accurate information about court events that include date, time, location and anticipated duration

Local, national and international media interest in a high-profile case can create strain on staff, judicial time, and security and facility resources. With proper planning and communication, the court team can ensure the fair administration of justice while facilitating media access to court proceedings. Successful media relations in high-profile cases require open communication with court employees, the HPC team, and external stakeholders.

Tips for effective internal communication

Provide all court staff with contact information for the court's media liaison/Public Information Officer (PIO). Directing media inquiries to a single point of contact will reduce unnecessary burdens on staff and ensure the dissemination of accurate information and consistent messaging. Read more about staff education.

• Develop a training document or one-pager that includes an explanation of how your high-profile case is being managed and potential areas of concern.
• Remind staff of their obligation to remain professional and unbiased while performing their official duties – especially in cases that have garnered strong community interest. Public statements or opinions related to court events (such as bond hearings, sentencing decisions, and appeals) that are not issued by the official court spokesperson are discouraged. Improper comments could negatively impact the case and the administration of justice. Courts should remind staff of available employee assistance services and other counseling options to assist with stress management and exposure to traumatic or graphic details introduced in court.

Responsibilities of the PIO

Whether a court has a designated, full-time public information officer (PIO) or another primary point of contact, the court should have a single point of contact for the media who is not the presiding judge. This person can provide official statements and updates; field media inquiries; assist with logistics and technical requests; and serve as a liaison between the court, key stakeholders and media representatives. An additional staff member can be helpful in addressing legal matters with the judge or court counsel.

PIO duties include:

• Provide the media with information, fact check stories and provide the public with an accurate understanding of the proceedings.
• Use sound judgment and discretion when presenting issues or questions to the presiding judge. It is in everyone's best interest to settle outstanding questions/issues before a trial begins.
• Develop effective relationships between the court and media based on trust. Courts should work toward building this trust while maintaining impartiality. If the court is unable to accommodate a request or answer a question, be sure to provide an explanation and/or response. Be sure to "stay in your lane" and only comment on matters within the court's purview. Examples: "We are unable to comment because it would require a legal opinion" or "That question should be addressed by the agency responsible for those functions."
• Establish a regular routine for providing updates and disseminate briefing details to all who have expressed interest in the case. Inform the media about where and when updates will be available – court website, social media, text message, outgoing voice recordings, etc. Example: State v. Chauvin, Trial Timeline.
• Consider forming a media committee or consortium to streamline requests and facilitate information sharing. These groups can be especially helpful if the court has a large number of media who are not familiar with the court, community, or each other. Convening this peer-managed group can help the court and other stakeholders centralize communication and set expectations regarding decorum, courtroom seating, pool assignments, workspace availability, resources, and other matters.
• Create resources to assist the media and public in understanding court processes and procedures. Examples may include media advisories, court reference guides and other tools that can assist the media in obtaining official information, reduce inquiries to court staff, and provide education about roles and responsibilities. Examples: Reporters' Guide to Nebraska Trial Court Procedures, Los Angeles Superior Court Fact Sheet,  and Media Guide to the Idaho Courts.
• Coordinate public information and statements with court partners as needed.

For information about the role of a public information officer, to connect with experienced court public information officers or for more specific guidance, visit the Conference of Court Public Information Officers on the web.

Access to proceedings & records

Courts should grant access to proceedings and records, pursuant to local rules and orders, while also preserving the integrity of the case and ensuring the safety of the parties involved. While modern courthouses and online databases can accommodate most requests, cases that are heard in older facilities or in jurisdictions without online records may require additional involvement from the PIO, clerk, facilities manager, law enforcement and others.

Technology considerations

Equipment

• Cameras & pool – The court should communicate its position on cameras in the courtroom and outline the process for requesting access via the PIO or designated spokesperson. Decisions regarding the number, type, and location of video and still cameras should be made before the proceedings begin. Decisions regarding pool coverage should also be made in advance. When designating pool coverage, the court should consider a media organization's equipment and staffing capabilities since they will be responsible for sharing footage with all interested parties. The media organization designated as the pool representative must fulfill all assigned obligations and responsibilities in a timely manner. If cameras are not permitted, the media may request access for a courtroom artist, which is paid for by the media. Examples: Florida Rule of Judicial Administration, Rule 2.450 and Minnesota Cameras in the Courtroom and General Rules of Practice for District Courts, Rule 4).
• Internal/house feeds – Media organizations may request access to the court's in-house audio/video feed and/or digital court reporting system. Court officials need to carefully evaluate these requests and be prepared to respond in a timely fashion.
• Microphones – Media organizations may request that additional microphones be positioned in the courtroom to improve sound quality. Potential locations may include the judge's bench, jury box, counsel tables, and the bar. Again, the court should carefully consider these requests and be prepared to respond quickly.
• Connectivity – WiFi signal access, ethernet, and hotspot access are important for effective media coverage. Courts should consider steps to increase their capabilities to support the additional burden created during high-profile cases. Read more about IT for external communications.

Filming & recording restrictions

• The court should rely on court orders and rules to determine any limitations on identifying/photographing jurors, minors, victims of sexual abuse, or other vulnerable populations. The same determinations should be made for recording bench conferences, closed proceedings, or other arguments made outside of the jury's presence.
• The court should have a clear understanding of how video footage will be used and when it will air. Livestream coverage is just that, while televised video is broadcast at a delayed time.
• Decisions should be made in advance about filming in public spaces (i.e., courthouse exteriors, hallways, building entrance, etc.). The court must consider courthouse security, privacy concerns and the overall impact on other court business. These locations are typically used by the media for standup/live broadcasts.
• Any restrictions and prohibitions should be clearly communicated to all media prior to trial/hearing. Example: State v. Chauvin, Order Allowing Audio and Video Coverage of Trial.

Records and exhibits

• Frequently asked questions (FAQs) or one-pagers can help the media understand the availability of public records, exhibits, and evidence while also identifying record custodians and any requirements for making requests.
• Some courts create web pages for high-profile cases to centralize information and records while also reducing the number of individual inquiries to staff. Be sure to have documents reviewed by knowledgeable court staff for potential redaction prior to web publication. Example: State v. Chauvin, Documents.
• Media representatives will also seek access to exhibits. The court should determine how and where access will take place – either via a feed from the courtroom evidence presentation platform, posting to the web, or after the day's proceedings/conclusion of the case. Examples: State v. Chauvin, Exhibit Access, State v. Murdaugh, Access to Trial Exhibits, and Maricopa County Access to Superior Court Exhibits.
• The media may also seek access to daily court transcripts. Court reporters should be included in your planning discussions so they can be aware of possible requests.

Jury interviews

Talk with the trial judge about the possibility of offering the media an interview with interested jurors immediately following a verdict. Ensure that jurors understand that this is voluntary.

Courtroom facilities & management

Credentials

• Determine if credentialing is necessary on either a permanent or daily basis. Permanent passes are valid through the duration of the trial, while daily passes are good for one day only. Courts should consider courtroom capacity, reserved seating for parties, and the level of potential media interest (i.e., local, national, international) when deciding the number and type of credentials to issue. Credentialing can assist with crowd control and provide general awareness of who is in the courtroom and their affiliation to the case.
• Develop a policy that outlines criteria for recognized media organizations and determines the number and type of credentials that will be issued. Color coding can be used to identify the assigned category of the pass holder, the areas they can access, and how long access will be granted. Additionally, some law enforcement agencies can produce bar-coded photo credentials that can be used for this purpose. Read more about courthouse credentialing.
• Create seating charts as needed. Read more about seating plans,  and find example seating charts here.
• Ensure media understand court policies and decorum orders when approving access. Example: Ninth Judicial Circuit Court of Florida Media Authorization Form.

Media room

If space allows, designate a space the media can use and share amongst themselves as a home base throughout the duration of the trial/case. Providing this space outside of the courtroom will reduce the number of distractions and movement inside the proceedings. In this room, media can watch the proceedings via their courtroom feed and conduct other business as they see fit. Some courts also provide additional remote workspace to the media. Read more about parking and staging areas. 

Seating

Specifically for media seating, one option is to allow a working committee comprised of media members to develop the criteria for allocating seat assignments, including pool assignments if the media demand for seats exceeds the number that can be assigned to them. The process can be very formal with assigning specific seats to credentialed media or it can be more ad hoc, with seats occupied by the press on a first-come/first-served basis each day.

Clear policies regarding seating should be publicized and communicated to relevant parties including policies on:

• Number of representatives from each news organization allowed if there is not enough seating
• Number of reserved seats that are not filled by the stated time of each court session will be allocated
• Consequences for a reserved seat not being used for a substantial percentage of time (i.e., canceling the pass)
• Entering or exiting the courtroom outside of breaks

Miscellaneous

• Media organizations should pay for any facilities improvements requested. Examples of costs include the installation of extra phone lines, lot rental (if off-site parking is required), still and video pool camera distribution feeds, media workspace, auxiliary listening rooms if additional facilities (such as trailers) need to be brought in, any necessary city/county permits, and all expenses to run sound/video to auxiliary listening facilities. Media organizations should be responsible for repairing any damage that may be caused to court property (i.e., driving stakes to put up a tent, etc.).
• Ensure that national media is made aware of any regional emergency or weather testing protocols. For example, in Minnesota, the tornado sirens are tested statewide at 1 p.m. on the first Wednesday of each month while in Illinois, it is the first Tuesday of each month at 10 a.m.

Media relations resources

Visit our separate media relations resources page for sample orders, rules, and media relations tips.