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NEWS RELEASE #34
December 6, 2006

FOR IMMEDIATE RELEASE.

WHAT: Colorado Supreme Court Visits Gateway High School
WHEN: Event, Monday, Dec. 11, 8:30-11:55 a.m.
WHERE: Gateway High School, 1300 S. Sable Blvd.
CONTACT: Communications Services, 303-344-8060, ext. 28015, or 303-281-9506

Gateway High School Hosts
Colorado Supreme Court Arguments

Gateway High School students will witness the judicial process in action when the Colorado Supreme Court visits their school on Dec. 11.  The Supreme Court will hear oral arguments in two cases.

The visit is part of Courts in the Community, the Colorado Supreme Court and Court of Appeals educational outreach program. It is the first time the Supreme Court has held a session at Gateway. The Courts in the Community program visits four high schools each year to give students first-hand experience in how the Colorado judicial system works and illustrate how disputes are resolved in a democratic society. The courts hear actual oral arguments from which rulings will be determined.

“This is a tremendous opportunity for our students to witness actual cases,” said Gateway teacher Jill Eden. “They are especially excited to hear the Supreme Court argue these cases, since it’s so far removed from the average citizen’s experience.”

The event will begin with opening remarks at 8:30 a.m. Students will have the opportunity to participate in question and answer sessions with each of the attorneys as well as a session with the Colorado Supreme Court justices.

The Supreme Court will hear oral arguments in the following cases:

  1. The Colorado Department of Transportation v. Marilyn Hickey Ministries, Case No. 05SC816 (Court of Appeals Case No. 04CA0928)
  2. Glenn Turbyne v. People of the State of Colorado, Case No. 06SC21 (Arapahoe County District Court Case No. 05CV3705)

It is unusual that both cases, which originated in Arapahoe County, are from the county in which the Supreme Court is hearing arguments.

Members of the media who would like to attend this event should contact Karen Salaz at 303-837-3633. See the attached pages for information about this media opportunity, including the provisions of the judicial Canon controlling cameras in the courtroom.

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Media opportunity

What:             Colorado Supreme Court Oral Arguments
When:                         8:30 a.m.-11:55 p.m. Dec. 11, 2006
Where:                        Gateway High School, 1300 S. Sable Boulevard, Aurora, CO 80012

  1. Photo opportunities. During oral arguments, the requirements set forth in Canon 3(A)(8) of the Code of Judicial Conduct are in effect. The applicable section of Canon 3 is attached. Highlights include:
    1. A written request for expanded media coverage (form is attached below) must be filed in advance with copies to counsel for the parties.
    2. If granted, only one video camera and/or one still camera is allowed, and that media source must share and pool its coverage with other media.
    3. No flash attachments or lighted television cameras are allowed during the arguments.
    4. The camera operator may use a tripod, but shall not change location while court is in session.

 

For information, contact Karen Salaz 303.837.3633.

Following each argument, during the question and answer interaction between the students, lawyers and judges, access is open for media opportunities without the limitations of Canon 3. All media representatives also are welcome to photograph the luncheon immediately following the cases.

  1. Schedule.

 

8:30 a.m. – 8:45 a.m.                         Opening Remarks, Auditorium
8:45 a.m. - 9:45 a.m.                         The Colorado Department of Transportation v. Marilyn Hickey Ministries (05SC816)
9:45 a.m. – 10:00 a.m.                       Judges’ Conference; Question & Answer Session between Attorneys and Students
10:00 a.m. – 10:25 a.m.                     Break
10:25 a.m. – 11:25 a.m.                       Glenn Turbyne v. People of the State of Colorado (06SC21)
11:25 a.m. – 11:40 a.m.                     Judges’ Conference; Question & Answer Session between Attorneys and Students
11:40 a.m. – 11:55 a.m.                     Question & Answer Session, Justices and Students
12:10 p.m. – 1:10 p.m.                      Lunch, Judges and Selected Students

 

  1. Request for Expanded Media Coverage.  A written request for expanded media coverage must be submitted to Susan Festag, Clerk of the Court. We would appreciate receipt of requests by Thursday, Dec. 7, 2006, if possible because of logistics at the high school however the Canon requires requests be submitted a minimum of 24 hours prior to a proceeding. A fill-in-the-blank request form is attached below.

Expanded media coverage of court proceedings

The presence of expanded media coverage in the Colorado court system’s courtrooms is controlled by strict standards spelled out in Canon 3A(8) of the Colorado Code of Judicial Conduct effective Dec. 1, 1985. The Canon also outlines each step necessary to garner approval for such coverage.

There are several points in the Canon of particular note:

  1. A written request for expanded media coverage must be submitted to the judge at least one day before expanded media coverage is requested to begin, unless a longer or shorter time is required or permitted by the judge.
  2. Copies of the expanded media coverage request shall be mailed or faxed to all counsel for each party participating in the proceeding prior to submitting the request to the court.
  3. The request must include a description of the pooling arrangements, including the identity of the designated representatives.
  4. Any party or witness may lodge with the judge a written objection to expanded coverage of all or a portion of a proceeding.

Request for expanded media coverage in Colorado state courts

Canon 3. A Judge Should Perform the Duties of His or Her Office Impartially and Diligently.

  1. Judicial Supervision over Expanded Media Coverage of Court Proceedings.  A judge may authorize expanded media coverage of court proceedings, in addition to those referred to in section (7) of this Canon, subject to the guidelines set forth below. 

(a)   Definitions.  As used in this section, unless the context otherwise requires: 
(I)    “Proceeding” means any trial, hearing, or any other matter held in open court which the public is entitled to attend. 
(II)   “Photograph” and “photography” means all recording or broadcasting of visual images, by means of still photographs, videotape, television broadcasts, motion pictures, or otherwise. 
(III) “Expanded media coverage” means any photography or audio recording of proceedings. 
(IV) “Judge” means the justice, judge, referee, or other judicial officer presiding over the proceedings. In proceedings with more than one judge presiding, any decision required shall be made by a majority of the judges. 
(V)   “Media” means any news gathering or reporting agency and the individual persons involved, and includes newspapers, radio, television, radio and television networks, news services, magazines, trade papers, in-house publications, professional journals, or any other news reporting or news gathering agency whose function it is to inform the public or some segment thereof. 
(b)   Standards for Authorizing Coverage.  In determining whether expanded media coverage should be permitted, a judge shall consider the following factors: 
(I)    Whether there is a reasonable likelihood that expanded media coverage would interfere with the rights of the parties to a fair trial; 
(II)   Whether there is a reasonable likelihood that expanded media coverage would unduly detract from the solemnity, decorum and dignity of the court; and 
(III) Whether expanded media coverage would create adverse effects which would be greater than those caused by traditional media coverage. 
(c)   Limitations on Expanded Media Coverage.  Notwithstanding an authorization to conduct expanded media coverage of a proceeding, there shall be no: 
(I)    Expanded media coverage of pretrial hearings in criminal cases, except advisements and arraignments; 
(II)   Expanded media coverage of jury voir dire; 
(III) Audio recording or “zoom” closeup photography of bench conferences; 
(IV) Audio recording or closeup photography of communications between counsel and client or co-counsel; 
(V)  Expanded media coverage of in camera  hearings; 
(VI) Closeup photography of members of the jury. 

(d)   Authority to Impose Restrictions on Expanded Media Coverage.  A judge may restrict or limit expanded media coverage as may be necessary to preserve the dignity of the court or to protect the parties, witnesses, or jurors. A judge may terminate or suspend expanded media coverage at any time upon making findings of fact that: (1) rules established under this Canon or additional rules imposed by the judge have been violated; or (2) substantial rights of individual participants or rights to a fair trial will be prejudiced by such coverage if it is allowed to continue. 
(e)   Conditions for Coverage.  Expanded media coverage shall be conducted only under the following conditions: 
(I)    Equipment Limitations. 
(aa) Video.  Only one person at a time shall be permitted to operate a videotape, television, or motion picture camera. There shall be only one such camera at a time in the courtroom, except that, at the discretion of the judge, the camera operator may have a second camera. The camera operator may use a tripod, but shall not change location while court is in session. 
(bb) Audio.  The court’s audio system shall be used if technically suitable and, in that event, there must be no interference with the court’s use of its system. If the court’s system is not technically suitable, then the  person conducting expanded media coverage may install an audio recording system at his or her own expense upon first obtaining approval of the judge. All microphones and related wiring shall be unobtrusive and shall not interfere with the movement of those in the courtroom. 
(cc) Still Cameras.  Only one person at a time shall be permitted to operate still cameras, which shall make as little noise as possible. The still photographer may use a tripod, but shall not change location while court is in session. 
(dd) Lighting.  No movie lights, flash attachments, or sudden lighting changes shall be permitted during a proceeding. No modification or addition of lighting equipment shall be permitted without the permission of the judge. 
(ee) Operating Signals.  No visible or audible light or signal (tally light) shall be used on any equipment. 
(II)   Pooling Arrangements.  The media shall be solely responsible for designating one media representative to conduct each of the categories of expanded media coverage listed in subsection (I) of this section, and for arranging an open and impartial distribution scheme with a distribution point located outside of the courtroom. If no agreement can be reached on either of these matters, then there shall be no expanded media coverage of the type for which no pooling agreement has been made. Neither judges nor other court personnel shall be called upon to resolve any disputes concerning such pooling arrangements. 
(III) Conduct of Media Representatives.  Persons conducting expanded media coverage shall conduct themselves in a manner consistent with the decorum and dignity of the courtroom. The following practices shall apply: 
(aa) Equipment employed to provide expanded media coverage shall be positioned and operated so as to minimize any distraction; 
(bb) Identifying marks, call letters, logos, symbols, and legends shall be concealed on all equipment. Persons operating such equipment shall not wear clothing bearing any such identifying information; 
(cc) Equipment used to provide expanded media coverage shall not be placed in, or removed from, the courtroom while court is in session. No film, videotape, or lens shall be changed within a courtroom while court is in session. 
(f)    Procedures.  The following procedures shall be followed in obtaining authorization for expanded media coverage: 
(I)    Request for Expanded Media Coverage.  A written request shall be submitted to the judge at least one day before expanded media coverage is requested to begin, unless a longer or shorter time is required or permitted by the judge. Copies of the request shall be given to counsel for each party participating in the proceeding. The request shall include the following: 
(aa) The name, number, date and time of the proceeding; 
(bb) The type (audio, video, or still photography) of expanded media coverage requested and a description of the pooling arrangements required by section (e)(II), including the identity of the designated representatives. 
(II)   Objections.  Any party or witness may lodge with the judge a written objection to expanded media coverage of all or a portion of a proceeding.  (III) Judicial Authorization.  The judge shall rule on a request or objection within a reasonable time prior to the proceeding or promptly after the request or objection if the proceeding has begun. The ruling shall be made on the record and the reasons therefore set forth briefly. 
(IV) The media or any witness may not appeal, or seek review by original proceeding, the granting or denial of expanded media coverage. A party may seek review of a ruling by original proceeding, if otherwise appropriate, or by post-trial appeal. 


 

Request for Expanded Media Coverage

The name of media group:______________________________________________________
Person making request: ________________________________________________________
Contact information: __________________________________________________________
Name, address of counsel (if represented): _________________________________________
___________________________________________________________________________
Date of request:                                                        Date of proceeding: Dec. 11, 2006
Time of the proceeding          Case No.                      Case title
   8:45 a.m.                            05SC816       The Colorado Department of Transportation v. Marilyn Hickey Ministries.

10:25 a.m.                          06SC21        Glenn Turbyne v. People of the State of Colorado

The type of expanded media coverage requested:               Designated Representative:
____ audio                                                                           __________________________________
____ video                                                                           __________________________________
____ still photography                                                          __________________________________
Description of the pooling arrangements required by section (e)(II), including the identity of the designated representatives: 

 

Requests must be submitted at least one day prior to the proceeding as outlined in Canon 3 (submitting requests five days prior to the proceeding is appreciated to allow for response time). Submit to Clerk of the Court, Susan Festag, Colorado State Judicial Building, 2 E. 14th Avenue, Denver, CO  80203

 

 

 

The undersigned hereby certifies that on the ____ day of _______, 2006, a true and correct copy of the foregoing Request for Expanded Media Coverage was mailed, faxed or hand delivered to the following persons at the locations or fax numbers indicated:

The Colorado Department of Transportation v. Marilyn Hickey Ministries (05SC816)
For the Appellant: Colorado Department of Transportation and Regional Transportation District: Robert Duncan; Donald Ostrander; James Birch, Duncan Ostrander & Dingess, P.C., 4600 S. Ulster Street, Ste. 1111, Denver, CO  80237, 303-779-3662 fax.
    For the Appellee: Leslie Fields; John Sperber; Faegre & Benson LLP, 1700 Lincoln St., Ste 3200, Denver, CO  80203; 303-607-3600 fax.

 Glenn Turbyne v. People of the State of Colorado, 06SC21
For the Defendant: Shawn Gillum; William Hood, III; Blaine Myhre; Isaacson, Rosenbaum P.C., 633 17th Street, Ste. 2200, Denver, CO  80202; 303-292-3152 fax.
For the Plaintiff: Jacob Edson, Deputy; Paul Wolff, Chief Deputy; Carol Chambers, District Attorney, 15400 E. 14th Place., Ste. 225, Aurora, CO  80011; 303-636-2005 fax.

 

      _____I agree to comply with all relevant orders and all criteria set forth in Canon 3.

 

Signature____________________________________ Date___________

 

 

Communication Services

Georgia Durán, Director
303-344-8060, ext. 28015
FAX: 303-326-1939
e-mail: georgiad@admin.aps.k12.co.us
http://www.aps.k12.co.us/communications

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