page 2
daily nebraskan
friday, October 31, 1980
Wants skilled reporters
Krivosha criticizes edited courtroom coverage
By Jim Garrett
"Why doesn't the news media cover a quiet title law
suit for a change," charged Nebraska Supreme Court
Chief Justice Norm Krivosha Thursday, in a speech at the
UN L Law College.
Krivosha spoke on problems between the press and
courts as well as changes inside the court system.
Krivosha said the news media won't send just any
reporter to cover a football game, because the reporter
must be knowledgeable and skilled in the sports field.
But, Krivosha said, the news media will send a general
assignment reporter to cover courtroom litigation.
Krivosha said lawsuits often have crests, valleys and
peaks in their arguments which if viewed from beginning
to end, shows the story differently than edited press cov
erage. "It's like walking into the middle of a play and cover
ing only 10 minutes of it," Krivosha said.
Krivosha said the real problem is what is done with
the material after it leaves the courtroom. He cited the
example of the Nebraska Supreme Court session at the
Creighton Law School, when five hours of proceedings
were taped. He said very little of it probably will be
used.
"Maybe a minute and 18 seconds. But which minute
and 18 seconds is more important," he said.
Krivosha suggested that the courts should let the
cameras in, but also, said, "now this is what you have
to show." He conceded that with this stipulation, the
press probably wouldn't come in.
Krivosha said some critics think that if the cameras
are allowed into the courts, judges and lawyers will
"showboat." But, Krivosha said, the opposite would
probably occur. He said that with an audience, maybe
judges and lawyers would settle down and get on with
the business of law.
Krivosha said 36 states permit courtroom cameras
but Nebraska does not. He said the Nebraska Supreme
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Court is considering the issue and that he hopes to have
the question settled before all the other 49 states allow
cameras.
If the people have a right to voice their feelings in the
other two branches of government, why don't they have
a voice in the judicial system as well, he asked. Krivosha
said the people will have a voice if they are allowed to
see what goes on inside the courtroom and that it will
not destroy the quality of justice.
"The public must have respect for the law, but they
must not be in awe of it. We are not the Wizard of ()z
behind the smoky curtain. If cameras can tell them
about it, it's a step forward."
Krivosha said he wishes that lawyers would not be
required to do pro bono or voluntary work.
"I don't think it should be required," he said, "l
wish that the world were such that all the things good
and right could happen because people are good and
right. Every lawyer should do it because they like being
a lawyer. They ought to volunteer their efforts, time and
knowledge to someone who needs it. It is said that it must
be required."
Limited tenure
Krivosha was asked to comment on remarks made by
Sen. Haberman of Imperial on limiting the tenure of State
Supreme Court justices.
Krivosha qualified his answer, saying, "I'm not sure
where my personal feelings enter into this. I suppose I
would not be willing to give up being senior member of
a law firm and my lifestyle for a temporary job. I con
sider it to be a career."
Krivosha mentioned two problems that can occur
with short tenures for judges. Some judges may not
accept the position with a short tenure, and the pos
sibility of litigants "waiting" for the judge to move on
in order to avoid a possible philsophical difference may
be a problem.
"But without trying to find a place for myself, it is
the Legislature's business to decide the issue, and it's
the peoples' interest because it is a constitutional issue.
If that is what they want, I have no quarrel with it."
Krivosha also disputed the idea that conservative or
liberal presidents or governors could pick judges soley
on the basis of philosophical grounds.
He referred to President Dwight Eisenhower choosing
the "liberal" Earl Warren and President John Kennedy
choosing the "conservative" Byron White for the U.S.
Supreme Court.
"Judges don't know what they're" going to be like
before they become justices," Krivosha said. "If they are
selected properly, the adversary position they held will
be gone in very short order.
"Selecting judges based on their philosophy is wrong
and foolish. A person who represents himself as a con
servative judge should be rejected if that means he can't
keep an open mind and meet every issue that way."
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