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CourtCourt ReviewReviewVolume 47, Issues 1-2 THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION SPECIAL ISSUE ON MEDIA MATTERS • Three Perspectives on the CSI Effect • Handling High-Profile Cases • Ten Tips for Dealing with the Media Court ReviewVolume 47, Issues 1-2 THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION TABLE OF CONTENTS EDITORS ARTICLES Judge Steve Leben Kansas Court of Appeals 4 Fact or Fiction? The Myth and Reality of the CSI Effect Professor Alan Tomkins Steven M. Smith, Veronica Stinson, & Marc W. Patry University of Nebraska ASSISTANT TO THE EDITORS 8 Studying Juror Expectations for Scientific Evidence: Kate Lorenz A New Model for Looking at the CSI Myth Kansas Court of Appeals Donald E. Shelton, Gregg Barak, & Young S. Kim EDITORIAL BOARD Kelly Lynn Anders Creighton University 20 Should Judges Worry About the “CSI Effect”? Judge Karen Arnold-Burger Simon A. Cole & Rachel Dioso-Villa Overland Park, Kansas Judge B. Michael Dann 32 High-Profile Cases: Are They More Than a Wrinkle in the National Institute of Justice Daily Routine? Julie Kunce Field Robert Alsdorf Fort Collins, Colorado Mark D. Hinderks 38 Ten Tips for Judges Dealing with the Media Leawood, Kansas Steve Leben Judge Leslie G. Johnson American Institute for Justice 46 Proposed AJA Bylaws Changes Steven Lubet Northwestern University BOOK REVIEW Judge Gregory E. Mize Washington, D.C. 42 On Courts and Communication Strategies: Book Review of Pamela D. Schulz, Courts and Judges on Trial: Elizabeth Neeley, Ph.D. Analysing and Managing the Discourses of Disapproval University of Nebraska Andrew J. Cannon NATIONAL CENTER FOR STATE COURTS STAFF Charles F. Campbell DEPARTMENTS Managing Editor 2 Editor’s Note 3 President’s Column 48 The Resource Page Court Review THE JOURNAL OF THE AMERICAN JUDGES ASSOCIATION Volume 47, Issues 1-2 2011 Court Review, the quarterly journal of the American EDITOR’S NOTE Judges Association, invites the submission of unsolicited, original articles, essays, and book reviews. Court Review his special issue of Court Review focuses on media matters. One seeks to provide practical, useful information to the work- provocative question related to media is the purported impact of an ing judges of the United States and Canada. In each issue, iconic television show, Crime Scene Investigation (CSI), on the judicial we hope to provide information that will be of use to T judges in their everyday work, whether in highlighting process. In the past few years, it has been frequently suggested, especially in new procedures or methods of trial, court, or case man- the media, that judges, prosecutors, defense attorneys, and jurors have agement, providing substantive information regarding an become influenced by CSI. The allegation is that the “CSI-effect” has resulted area of law likely to be encountered by many judges, or by providing background information (such as psychology or in an expectation that forensic evidence is required for successful criminal other social science research) that can be used by judges prosecutions. But is there (apologies to Gertrude Stein) a there there? Three in their work. Guidelines for the submission of manu- articles in the special issue examine the so-called CSI-effect. Professors scripts for Court Review are set forth on page 45. Court Review reserves the right to edit, condense, or reject mate- Steven Smith, Veronica Stinson, and Marc Patry of Saint Mary’s University rial submitted for publication. (Halifax, Nova Scotia) find evidence there is, but they wonder whether the effect is not a juror-problem but rather mani- Advertising: Court Review accepts advertising for prod- ucts and services of interest to judges. For information, fests itself in the ways that attorneys behave. contact January Serda at (757) 259-1864. Judge Donald Shelton (also an adjunct profes- sor, Thomas Cooley Law School and Eastern Photo credit: Mary Watkins (mayrswatkinsphoto@earth- link.net). The cover photo is the Charles Evans Michigan University) and his colleagues, Whittaker United States Courthouse in Kansas City, Professors Gregg Barak and Young Kim Missouri. The 12-story, crescent-shaped courthouse is (Eastern Michigan University), have found named for Justice Charles Evans Whittaker, who served something is going on, but suggest it is a “tech on the United States Supreme Court from 1957 to 1962. Before that, Whittaker had been a federal district judge in effect” rather than a specific effect of television Kansas City and a judge on the United States Court of shows such as CSI or Law and Order. Appeals for the Eighth Circuit. Professors Cole (University of California, ©2011, American Judges Association, printed in the Irvine) and Dioso-Villa (Griffith University, United States. Court Review is published quarterly by the Brisbane, Australia) are skeptical but provide valuable guidance for protecting American Judges Association (AJA). AJA members the judicial system against any impacts from real or imagined effects. receive a subscription to Court Review. Non-member sub- scriptions are available for $35 per volume (four issues Media issues are more than just reactions to TV shows, of course. Media per volume). Subscriptions are terminable at the end of are often the leading edge of the public in how they view or understand law any volume upon notice given to the publisher. Prices are and the courts. Judge Alsdorf (now jurist-in-residence at Seattle University subject to change without notice. Second-class postage School of Law and private practice arbitrator/mediator) offers a comprehen- paid at Williamsburg, Virginia, and additional mailing offices. Address all correspondence about subscriptions, sive view of how judges might think about handling cases, including com- undeliverable copies, and change of address to munications in orders, decisions, and otherwise in working with the media. Association Services, National Center for State Courts, His tips stem from high-profile-case management, but are applicable as well Williamsburg, Virginia 23185-4147. Points of view or for judicial interactions in many cases. Judge Leben offers 10 tips for judges opinions expressed in Court Review are those of the culled from his time on the bench and his background and contacts in the authors and do not necessarily represent the positions of the National Center for State Courts or the American communications field. Also relevant to the special issue is the book review of Judges Association. ISSN: 0011-0647. Courts and Judges on Trial by an Australian academic and jurist, Dr. Cannon; the book is authored by Pamela Schulz, an Australian scholar, and it analyzes Cite as: 47 Ct. Rev. ___ (2011). judicial and media relationships, as well as judicial relationships with elected officials. The last item in the issue is an AJA bylaws amendment for member- ship to review. Stay tuned!—Alan J. Tomkins, Co-Editor 2 Court Review - Volume 47 President’s Column Mary Celeste Time flies when you are having fun! This will be my last tracted with NCSC to assist the AJA in securing more vendors message to you as president of the AJA. I would like to take this for our conferences and, therefore, more conference revenue. I opportunity to thank the membership, the Board of Governors, attended the NACM midyear meeting and participated in a the Executive Committee, and Shelley Rockwell, our panel discussion; they are reciprocating by sending panelists to Association Manager, for giving me this opportunity and for our San Diego conference. We attempted to join NASJE for a your continued support. conference but were unable to do so at this time. But did how- I would like to highlight some of the activities during my ever connect with NCPJ for a joint conference in 2013 or 2014. tenure. Along with attending national conferences, I am orga- And we positioned the AJA very well for joint judicial confer- nizing and coordinating the AJA ences with conference-site states as we did in Symposium/Workshop scheduled for the 2012 Colorado. We will be having a joint conference midyear conference in Nashville—a midyear with California judges in San Diego this meeting NOT to be missed! September, with Louisiana judges in 2013, and I have also participated in “branding” the potentially with Washington, Oregon, and AJA. This branding has established a website Canadian judges in 2015. address that specifically utilizes the AJA name as As I reflect upon my tenure, I keep thinking opposed to an address with an address flowing about the future of our association. Will we have from the National Center for State Courts’ web- the leadership necessary not only to carry out the site. The new website address is www.american- mission of the association but to grow it? We judgesassociation.net. The .org was already have had many great leaders over the years, and taken by the American Jailers Association— as l look at the faces that continue to participate somewhat of a far cry from our mission. In that vein, I have also in committees and conferences, I am hopeful that more judges worked to further the reach and use of our exclusive trade- will come forward and take the wheel. mark, the “Voice of the Judiciary.®” I am also developing a We now have in place a strategic plan.