"A Florida Judge"

Why are Judge Lawrence R. Kirkwood and Judge Janet C. Thorpe holding signs that read “A Florida Judge?” Certainly all 56 Ninth Judicial Circuit Court Judges could be referred to as “Florida Judges.” So, what singles out Judges Kirkwood and Thorpe?

Actually, these two Judges join a long line of other Ninth Judicial Circuit Judges who have, at one time or another, possessed the “Florida Judge” title. Some other recent examples of Judges who have held the title include Judge Richard Conrad and Judge Frederick Lauten.

So, if all of the Ninth Judicial Circuit Court Judges could be correctly called “Florida Judges,” what did these Judges, and many others, do to deserve this title? Simply put, the media bestowed the title upon them. The media were interested in particular cases they presided over due to either the sensationalism of the crimes, the involvement of a celebrated party, or unique factual circumstances. When describing these Judges to the nation, in print or on TV, the media called them simply, “A Florida Judge.”

In the two most recent high-profile cases in the Ninth Judicial Circuit Court, one before Judge Kirkwood and one before Judge Thorpe, the national media intently followed the cases and reported on them daily. During the reporting, the national news media would rarely refer to the Judges by name but would rather state only, “A Florida Judge.” The media would report something like, “A Florida Judge is scheduled to rule on this issue later this week,” referring to Circuit Judge Janet C. Thorpe’s planned ruling in the Sultaana Freeman case. Or, “A Florida Judge appointed a guardian for a pregnant, developmentally disabled woman but denied a request to name a guardian for the fetus,” referring to Circuit Judge Lawrence R. Kirkwood’s rulings in the J.D.S. case.

In the Sultaana Freeman case, a Muslim woman sued the Florida Department of Motor Vehicles saying it violated a state statute protecting her free exercise of religion. Judge Thorpe, referred to in most Internet and wire service articles as well as by national TV news as a “Florida Judge” ruled that the Muslim woman must unveil for a license photograph if she wants to drive. During the trial, local news trucks and trucks from other national news organizations, including Court TV, became familiar sightsin front of the Orange County Courthouse. In fact, Court TV covered the trial live, up-linking picture and sound to a satellite 23,000 miles over the equator just so “A Florida Judge” could be seen by millions, nationwide. Needless to say, the broadcast resulted in countless phone calls and mail from citizens who wanted to voice their opinions. The Court also broadcast the trial live on the Court’s web page, providing even greater public access.

The J.D.S. case, before Judge Kirkwood, attracted international attention because of the fetal-rights issues involving the fetus of a woman known as J.D.S., a developmentally disabled woman who was raped while living in a state-licensed group home. Unlike the Sultaana Freeman case, the J.D.S. case, was not broadcast live on the Internet. However, news organizations, like the public, have intently followed this case. A June edition of Newsweek had the issue on its cover and reported, “A judge is scheduled to rule on the request this week.” Throughout the case, the Judge has been referred to by the title, “A Florida Judge,” by the national and international media.

Like any large Florida Circuit, the Ninth Judicial Circuit Court over the years has had a number of high profile cases that have attracted national attention. The Judges and court staff have learned to deal with this unsought attention and scrutiny, knowing that the attention is a temporary condition. Talk shows, evening news, or the various editions of newspapers will spotlight the cases temporarily then move on to the next case that captures public attention. “The continuing judicial education courses, I have taken, concerning the handling of high-profile media cases, have helped in dealing with cases involving significant notoriety and the intense media scrutiny that comes with these types of cases.” stated Circuit Judge Lawrence R. Kirkwood.

Demand for this type of information is surely not in short supply nor is it a new phenomenon in America. Hollywood has always recognized the public’s intrigue with courtroom drama in producing shows like “Perry Mason,” “ The Practice” and “Law and Order.” Covering high profile court cases has established Court TV as one of the highest rated cable networks for audience containment - meaning that its audiences stay tuned and are less motivated to channel surf.

The high profile media cases in the Ninth Judicial Circuit have ranged from the two recent cases to cases such as the Jason Kent murder trial (Annapolis graduate who was convicted of murdering his wife’s first husband in a restaurant parking lot) before Judge Frederick Lauten. The Kent murder trial aired on Court TV and also was covered by several follow-up news magazine style shows. A second high-profile case which case that drew international attention over medical-ethical issues concerned a woman, Georgette Smith, who requested that the Court (Judge Richard Conrad) permit her ventilator to be unplugged. The case was of particular interest because her mother was the one charged with attempted murder after shooting her daughter in the neck. The Court received inquiries from all over the world until the Judge granted her petition to terminate life-support.

The media play a crucial role in informing the public about what goes on in our courts. When cases such as those mentioned above occur in a circuit, the national media descend on a courthouse. Like it or not, the court cannot ignore the media’s presence. Compounding the problem is when international media are interested in a case who may have little or no familiarity with the intricacies of the American judicial system.

The Ninth Judicial Circuit Court Judges have always worked to ensure that the media, as well as the public, is accommodated to the best of the Court’s abilities, while ensuring the right of the litigant to a fair and orderly trial and ensuring the operational integrity of the Court. Chief Judge Belvin Perry, Jr., stated, “The most important thing to the media is that they have access to the proceedings.” Circuit Judge Lawrence R. Kirkwood added, “I clearly support the openness of the Court to the media and the public. We, as Judges, should try to ensure that there is adequate access to all.”

Today’s news organizations provide instantaneous updates to the world. Normally, pursuant to Florida Supreme Court order, only one television camera, one still camera and one audio system for radio is allowed in a courtroom, with approval of the presiding Judge. The media comply with the Supreme Court’s Standards of Conduct and Technology Governing Electronic Media and Still Photography Coverage of Judicial Proceedings, concerning such issues as camera type and silencing equipment. The cameras serve as “pool cameras” and provide the other news organizations with the footage and pictures. Now with digital imaging and the Internet, photos taken in courtrooms are only minutes from national distribution.

Trial Judges operate in a neutral and detached environment while their cases become sensational media events. While a Judge can clarify issues of legal process and procedure, a Judge cannot express views or opinions about the merits of the case. The Court, through its web site, does offer the media and the public the ability to obtain high-profile court rulings on-line. Further, when practical and approved by the presiding Judge, the Court will broadcast proceedings live for the public to view.

Now, with each high profile trial, the Ninth Judicial Circuit Court has learned to take the opportunity to showcase the legal system, in general, and one courtroom, in particular, through its Internet broadcast, its open courtrooms and the posting of high profile Court Rulings on the Court’s web site. All of which is presided over by - - “A Florida Judge.”