KPNX Broadcasting Co. v. Superior Court

678 P.2d 431, 138 Ariz. 246, 10 Media L. Rep. (BNA) 1289, 1984 Ariz. LEXIS 183
CourtCourt of Appeals of Arizona
DecidedJanuary 11, 1984
DocketNo. 16342-SA
StatusPublished
Cited by16 cases

This text of 678 P.2d 431 (KPNX Broadcasting Co. v. Superior Court) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KPNX Broadcasting Co. v. Superior Court, 678 P.2d 431, 138 Ariz. 246, 10 Media L. Rep. (BNA) 1289, 1984 Ariz. LEXIS 183 (Ark. Ct. App. 1984).

Opinions

HOLOHAN, Chief Justice.

This petition for special action contests the validity of certain orders issued by the respondent judge in the criminal trial of State v. Hooper and Bracy, Maricopa County Superior Court No. CR-121686.1 We have jurisdiction under Arizona Constitution Article 6 § 5.

Specifically, petitioners requested vacation of two orders made by the respondent judge that affected the media. First, petitioners challenge the order which required courtroom sketches of the jury drawn for television broadcast to be submitted to the respondent judge before being released for broadcast (sketch order). Second, petitioners challenge the order which prohibited counsel, court personnel, jurors or other trial participants from contacting the media during the course of the trial (media liaison order). Petitioners maintain that both orders are unlawful prior restraints of media communications and cannot withstand the scrutiny given such orders under the First Amendment to the United States Constitution. The respondent judge asserts that both orders were necessary and proper to guarantee the rights of the accuseds to a fair trial.

This case presents another of those difficult situations where the often competing interests of free press and fair trial strain against each other. To understand the problems presented to the trial judge it is necessary to review the factual background leading up to the orders. Additional facts peculiar to each order will be included in the discussion of that order.

[249]*249FACTS

Kenneth Montoya, a reporter for KPNX, a Phoenix television station, and Jack Crow, a courtroom sketch artist (petitioners) were assigned to cover the criminal trial of Murray Hooper and William Bracy, which was being conducted before the respondent judge. Hooper and Bracy were charged with the murder of William Patrick Redmond and Helen Phelps. The case was the third in a series of prosecutions arising out of those murders.2 The Redmond murder achieved notoriety and received extensive media coverage because of its overtones of organized crime and contract killing.

After completion of jury selection, both prosecution and defense counsel requested the respondent judge to limit contact between trial participants and the media. The respondent judge entered such an order. The original order, dated November 4, 1982 was later modified by an amended order dated December 6,1982. The amended order changed the direction of the November 4th order from the media to the attorneys, court personnel, jurors, or other participants. The operative language of the first order, “no attorneys, court personnel, jurors or other participants in this matter are to be contacted by the media during the course of this matter” became “no attorneys, court personnel, jurors or other participants in this matter are to be in contact with the media during the course of this matter.” (emphasis added). Petitioners’ challenge addresses the amended order of December 6. The amended order appointed as “court media liaison” a member of the Maricopa County Court Administrator’s staff to handle media inquiries “so that there will be a unified and singular source for the media concerning these proceedings.” The amended order concluded: “no other source of information will come from participants in these proceedings.”

Reacting to sketching of the jury on November 30, 1982, the respondent judge issued an oral order through his “court media liaison” that any courtroom sketches of the jury must be reviewed by the court before presentation on television. The trial judge believed the order was necessary to allay jurors’ fears. In findings dated December 20, 1982, he pointed to “concern at the possibility of retribution and fear for personal and family safety expressed by some of the venire members.” Respondent issued the order based on his interpretation of this Court’s order suspending Rule 45, Canon 3A(7), 17A A.R.S. Rules of the Supreme Court which barred cameras from the courtroom. Except for the two challenged orders, the trial remained open to the general public and the media.

The first challenge to the orders was brought by a group called “The First Amendment Coalition.” On December 6, 1982, the group, along with petitioner Montoya, filed a petition for special action asking this court to stay or vacate both orders.3 We declined jurisdiction and dismissed the petition on December 8, 1982, because (1) First Amendment Coalition had not shown standing to bring the special action, (2) petitioners failed to join the real parties in interest, and (3) petitioners failed to exhaust their remedies in the trial court before seeking relief by special action. The standing of petitioners in the instant action has not been challenged.

The next media action was the present petition for special action, and its companion case, Brice v. Superior Court of Arizona, 139 Ariz. 260, 678 P.2d 445 (1984). After successfully moving to intervene in the trial court, KPNX requested the respondent judge to vacate the orders. He refused. This petition followed on Decem[250]*250ber 13, 1982.4 Both orders remained in force for the duration of the underlying trial, which concluded with a guilty verdict on December 24, 1982.

MOOTNESS

The first issue which must be resolved is whether the validity of these orders became moot when the trial was completed, and the order prohibiting contact with the media was vacated on January 12, 1983. It is firmly established that “jurisdiction is not necessarily defeated simply because the order attacked has expired, if the underlying dispute between the parties is one ‘capable of repetition, yet evading review.’ ” Nebraska Press Ass’n. v. Stuart, 427 U.S. 539, 546, 96 S.Ct. 2791, 2797, 49 L.Ed.2d 683 (1976), quoting Southern Pacific Terminal Co. v. I.C.C., 219 U.S. 498, 515, 31 S.Ct. 279, 283, 55 L.Ed. 310 (1911). We believe it reasonable to conclude that KPNX will be faced with similar orders in the future, and that such orders would “evade review” because criminal trials are “typically of short duration.” See Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 603, 102 S.Ct. 2613, 2618, 73 L.Ed.2d 248 (1982); Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 563, 100 S.Ct. 2814, 2820, 65 L.Ed.2d 973 (1980); Gannett Co. v. DePasquale, 443 U.S. 368, 377-378, 99 S.Ct. 2898, 2904, 61 L.Ed.2d 608 (1979); United States v. Brooklier, 685 F.2d 1162, 1165 (9th Cir. 1982); Sacramento Bee v. United States District Court, 656 F.2d 477, 480 (9th Cir. 1981), cert. denied, 456 U.S. 983, 102 S.Ct. 2257, 72 L.Ed.2d 861 (1982). Indeed, the petitioners have furnished us with an example of an order barring sketching during jury selection entered in another case tried in Maricopa County subsequent to the Hooper and Bracy cases. See petitioners’ Motion for Leave to File Supplemental Memorandum and to Supplement the Record. We conclude that the case is not moot.

SKETCH ORDER

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Kpnx Broadcasting v. Superior Court, Etc.
678 P.2d 431 (Arizona Supreme Court, 1984)

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Bluebook (online)
678 P.2d 431, 138 Ariz. 246, 10 Media L. Rep. (BNA) 1289, 1984 Ariz. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kpnx-broadcasting-co-v-superior-court-arizctapp-1984.