Satellite TV trucks and reporters waving microphones circle your courthouse like a calf-roper’s lasso at a rodeo. Get ready—you are presiding over a “notorious” trial.
The time to think about how to handle such a trial should be long before the reporters arrive, and with a little thoughtful planning, you can successfully balance a defendant’s right to a fair trial with the rights of a free press.
Judge Christopher Burnham of Morgan Superior Court #2 was honored with a Special Merit Award for his efforts during the high-profile trial of John R. Myers who was convicted of murdering Indiana University student Jill Behrman.
Plan, Plan, Plan
According to Judge Burnham, being prepared, sharing information and getting help can make the entire process run much more smoothly.
“Be prepared, mentally and administratively, to handle media requests for information promptly and to the fullest extent you can under the law and administrative rules,” said Judge Burnham. “Expect the ‘what happens next’ question from the media from the moment you open the case file and be prepared for it.”
The judge highly recommends calling upon the Supreme Court to have an on-site media coordinator assigned to the trial.
Give everyone involved a roadmap having an outline of activities, including pretrial, motion hearings and trial dates. While changes may be needed, this kind of planning is effective.
But, no matter how well things are planned, part of any plan should be preparing to roll with the punches.
“Stuff happens … be ready for it,” said Judge Burnham. “Remember that you are dealing with lots and lots of people in each high-profile case, with different emotions, agendas and human failings. You can’t foresee everything that might go wrong during the case and the trial, but you can prepare yourself to expect the unexpected and not panic when ‘stuff’ happens.”
Judge Burnham said pre-trial discussions with those who will be affected by the trial is very important. He offers these suggestions:
- Expect to need additional budget appropriations.
- Communicate cost estimates with your Council as soon as you can.
- Ask judges who have handled such cases about costs you might not have considered.
- Expect to need help from other judges and their staff, the Clerk of Court, the Sheriff (for security issues), your staff, the county council (for budget issues) and others.
- Have face-to-face meetings with those affected before and during the case.
- Keep everyone in the loop.
Judge Burnham said talking with other judges can also be extremely helpful, whether it’s about lightening your caseload or their past experiences with notorious trials.
“Talk to judges who have handled such cases in the past. They have a wealth of advice and lessons learned that might keep you from having to learn everything from scratch. As I told one judge who was preparing for a high-visibility trial, you are most welcome to copy and plagiarize any of my orders and rulings if it will help you accomplish your task,” he said.
Between the gavels
While activity in the courtroom is a critical focus, a judge must also remember that they must take care of personal needs.
“Be calm. Take deep breaths, often. Try to find a way to relax and forget about the case when you have done all you can to prepare for the trial, and at the end of the trial day. Remember, you are the person to whom everyone will look for steady guidance and wisdom during the trial. So, stay professional, stay calm and do your best. That is all that one can ask of you”, said Judge Burnham.