The Tennessee Court of Appeals ruled that an audio recording of a trial made by the court reporter is part of the court record and a public record subject to the state public records law. The ruling overturns a lower court decision that had upheld an East Tennessee judge's refusal to give a convicted killer the audio recording of his murder trial.
Davidson County District Attorney Glenn Funk (right) is suing NewsChannel 5 reporter Phil Williams (left), saying Williams' reporting damaged his reputation. The case is headed to the Tennessee Supreme Court in a test over the state's fair report privilege. The Tennessee Supreme Court is set to hear oral arguments on Oct. 4 in an important case involving state libel laws and a free press. The appeal before the state’s highest court is a test of the state's fair report privilege. On a practical level, this privilege, which is recognized in every state’s laws, protects journalists from libel claims when they are reporting on official proceedings — such as court cases [...]
Some of the state’s leading news media attorneys are concerned that a proposed expansion of rules on public access to court records in Tennessee is overly broad and could erode access at the trial court level. The proposed change to the Tennessee Supreme Court rules would expand exemptions to the lower courts with language that one lawyer says is "vague to the point of potential constitutional infirmity." (Gavel illustration by www.weisspaarz.com, licensed under CC BY SA-2.0) The Tennessee Supreme Court has proposed changing Rule 34 “Policies and Guidelines Regarding Appellate Judicial Records,” which defines certain court records not open for inspection, such as unpublished drafts of judicial orders and [...]
This year, Tennessee lawmakers punted on public records bills that could have created new access rights to see police body camera video and files of finished investigations into officer-involved shootings. But they did pass several new laws — some that exempted more government information from public view, and others that hold promise for improving government transparency. Following is a roundup of action by the Tennessee Legislature related to public records and access. 1- Police body cameras: After a late-in-session effort to pass a body camera bill and disagreement among stakeholders, the House State Government Committee instructed the Advisory Committee on Open Government to study the issue and provide them with [...]
The Knoxville News Sentinel filed a lawsuit today, after requesting for more than a year to inspect court records and exhibits in the aggravated rape cases against former Tennessee football players A.J. Johnson and Michael Williams. The newspaper claims that Criminal Court Judge Bob McGee sealed records "without any petition or order to do so." The newspaper was also told that Magistrate Ray H. Jenkins had sealed search warrant records, including a police investigator's affidavit. Following is an excerpt from the News-Sentinel's story, which you can read in full here: News Sentinel files lawsuit to unseal UT rape documents: The lawsuit argues that evidence can be sealed to protect the constitutional [...]
