Courthouses often convey a sense of solemnity and civic importance. Judges don traditional black robes, while attorneys and litigants wear formal business attire. Signs admonish visitors “Quiet: Court in Session” to preserve the sense of decorum. But this decorum can be quickly shattered by a proceeding or trial in a high-profile case. When one or more litigants are famous, or the case involves a major news story, there is no “business as usual.” Crowds in and around the courthouse, non-stop press coverage, and information requests can be expected. Recent examples include the Johnny Depp v. Amber Heard defamation case and the trials of El Chapo, Bill Cosby, and Jodi Arias.
One of the hallmarks of our Constitutional Republic is that every citizen is entitled to their day in court. This is true even if one of the parties in the case is a famous entertainer, athlete, or business leader. Or if the case involves a heinous crime, politically charged topic, or even a low-speed police pursuit of a white Ford Bronco broadcast nationwide in real-time. No matter the stakes or participants, every case will be decided in front of a judge, jury, or both, inside the walls of an American courthouse.
So what do you do when you are the judge in charge of that case? Or the administrator responsible for the smooth functioning of that courthouse? Many courts located in large metropolitan areas handle high-profile cases regularly. They have processes and procedures in place, often based on prior experience.
But high-profile cases can just as easily land in the small town court square as in the big city skyscraper. Here are a few steps judges and court managers can take the next time their court receives a high-profile case.
“Trial of the Century,” “Media Circus,” and “Feeding Frenzy” are all terms used to describe court cases and their associated coverage. Perhaps no other factor defines a high-profile case more directly than the onslaught of media attention when a case intersects with a widely covered news story. This can result in crowds outside the courthouse, more visitors and spectators inside, and of course, more reporters and press inquiries. Courts can manage the heightened attention in several ways:
A swarm of journalists and reporters likely means a high volume of spectators inside the courthouse and a gathering of onlookers, perhaps even protestors, outside. The nature of our adversarial judicial system means that these individuals hold opposing, perhaps passionate, views of the case and the issues surrounding it.
The judge, jury, attorneys, and other court employees must remain objective and professional to ensure fair and impartial proceedings. And court security officers must ensure a safe environment for members of the court, the press, and the public inside and outside the courthouse. Courts can employ several methods to address the increased security demands of a high-profile case:
There are many other critical considerations for managing a high-profile case, such as the logistics of sequestering a jury for days or weeks, assembling a trial management team, and criteria for selecting a judge to manage the case. The National Center for State Courts developed a comprehensive set of resources for this purpose, including helpful checklists for each phase of the case.
Whether your court is a regular venue for high-profile cases or your next one will be your first, a well-designed courthouse and a proactive communication strategy are among the most useful tools you can employ to ensure a fair and efficient trial.
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