State Rep. Jamie Flick wants transparency in the county common pleas courtrooms and thinks cameras would provide it.
Flick, a Republican, plans to introduce a bill that would allow live video recording and still photography.
The bill would amend the state law that allows judges to prohibit broadcasting, televising, recording or taking photographs in a courtroom. It also prohibits cameras in proximity to court sessions and during recesses.
Pennsylvania is one of only five states forbidding cameras in courtrooms. The others are Delaware, Iowa, Louisiana and Oklahoma.
“It's very intimidating to go into court … especially when somebody goes in and represents themselves, to have video footage and audio footage, so that they are not mistreated by a court of common pleas judge,” Flick said.
Pennsylvanians for Modern Courts CEO Deborah Gross favors a bill allowing cameras.
“It’s a good step in the right direction,” Gross said.
Her nonprofit group educates Pennsylvanians about the court system, provides resources and promotes inclusive judicial reforms.
Flick’s bill could teach the public about their rights, she said.
“I think it's important because it will educate people about the court system and help people understand the importance of the court system and protecting their rights,” Gross said. “I think that people need to understand all different levels of the court, the judiciary especially.”
She thinks the bill will need limits. Privacy is a concern, Gross said.
“I think the devil is in the details, but conceptually, transparency is always good,” Gross said. “The issue is the limitations that are placed on it - privacy and security concerns … It's more a matter of getting with the times, but placing the correct limitations on the bill.”
One limitation could involve children.
Cases like the Kids for Cash scandal in 2008 in Luzerne County inspired the legislation.
Between 2003 and 2008, convicted county common pleas judges Michael Conahan and Mark Ciavarella accepted money and sentenced juveniles to harsh sentences.
The juveniles increased occupancy in private prisons run by PA Child Care. Flick’s bill could help accountability in similar county level cases.
“That's been a long time ago and you would think it would have been a wake up call to the Cash for Kids scandal,” Flick said.
Gross disagrees. Because state law protects juvenile defendants’ identities, cameras may not have mattered in the Kids for Cash case, she said.
“With respect to proceedings with four children, cameras may not be appropriate in the courtroom. We need to protect children's identity. This may not have been the answer for that,” Gross said. “I'm not saying that it's not a good idea … I just think we need to remember that there are certain limitations that will need to be considered as well.”
Flick sees Pennsylvania’s political system as corrupt.
“There's a lot of reasons for that, but one is certainly money, free flowing money that goes to state representatives and to senators and flows throughout the political industry,” Flick said. “Here in Lycoming County, we have a couple of fantastic judges … Every industry has wonderful people and every industry has people that are not so wonderful. But when it comes to the court, we need that to be a step higher, and we need them to be accountable.”
Flick thinks cameras will improve transparency by capturing what court reporters can’t – the visible behavior of judges, plaintiffs, defendants and lawyers.
“When you look at the court reporters' transcript, you read one thing, and you think well that those two or three paragraphs seem rather innocuous … But if you would see a video of the judge, maybe standing up and pointing his finger and screaming and foaming at the mouth, saying those exact same words, that would go viral,” Flick said.
Flick has talked with constituents throughout the 83rd House District, which he represents. The district includes parts of Lycoming and Union counties. But the matter is a concern statewide, Flick said.
He conducted an online survey through his website and 96 percent supported cameras in courtrooms.
Flick will seek co-sponsors before drafting the bill.
“It's not going to happen overnight. I understand that technology is extremely cheap compared to what it was years ago,” he said. “If you stopped at a gas station, you were recorded by five or six cameras. When I got out of bed this morning, there's cameras in my living room, in my dining room, in my garage and outside. They're cheap and they're everywhere, so why not in the courtroom?”
Flick has not met with other House members yet.
Flick has met with representatives of the National Trial Lawyers, an organization that supplies information, education and networking for trial lawyers. The group supports the bill, he said.
“And that's maybe one of the most powerful organizations in the Commonwealth,” Flick said.
