COURTROOM ETIQUETTE, JUDICIAL COMMUNICATION, UNDERSTANDING LEGAL LANGUAGE/COURT DECISIONS, ACCURATE REPORTING AND AVOIDANCE OF MISREPRESENTATION. A PAPER PRESENTED BY FRIDAY J. ITIM, ESQ, DIRECTOR OF PUBLIC PROSECUTIONS

COURTROOM ETIQUETTE, JUDICIAL COMMUNICATION, UNDERSTANDING LEGAL LANGUAGE/COURT DECISIONS, ACCURATE REPORTING AND AVOIDANCE OF MISREPRESENTATION. A PAPER PRESENTED BY FRIDAY J. ITIM, ESQ, DIRECTOR OF PUBLIC PROSECUTIONS, AT THE MEDIA SYMPOSIUM ON “EFFECTIVE CRIME AND MEDIA REPORTING: THE ROLE OF THE MEDIA IN THE ADMINISTRATION OF JUSTICE” ORGANISED BY NIGERIAN UNION OF JOURNALIST, AKWA IBOM STATE COUNCIL.

Courtroom is usually referred to as “Temple of Justice”. Every temple is treated with reverence, and activities therein are usually conducted in solemnity. Courtroom must command respect, and disciplined behavior from everyone who steps into it, whether as a Judge, a Counsel, a litigant or an observer.

While some of the etiquette are written down in the rules of court and practice direction, others are embedded in conventions and professional courtesy. Courtroom etiquette generally consist of dressing, speech, decorum, general behavior while in court.

Sometimes even seasoned legal practitioners gloss over the nuances of courtroom etiquette, risking sanctions, embarrassment and the attendant poor impression on the bench. This paper seeks to outline courtroom etiquette that should be observed by every media personnel and other persons stepping into the court room in order to save them from incurring the wrath of court called “Contempt of Court”.

COURTROOM ETIQUETTE:

a. Be seated in the courtroom, before the presiding judicial officer enters the courtroom. Sit where you can hear proceedings clearly, most courts have provision for media desk, if you go early and duly identify yourself to the court (room) registrars, your ID card clearly displayed.

b. Let your phone be put on silence/vibration mood or switched off.

c. Do not take photographs or make life video recording of the court proceedings without prior approval/permission of the presiding Judge or Magistrate.

d. Do not interfere with the trial, interrupt or interject when a witness is being examined or testifying.

e. When being addressed by the court, stand up, and speak courteously, no nodding of head. Address a Magistrate as “Your Worship” and a High Court Judge is addressed as “My Lord” never address a Judge as your worship.

f. After the court has spoken or pronounced on an issue, the usual response is “as the court pleases” it does not matter whether you agree or disagree with the pronouncement or order.

g. Dress decently; ladies in gown or skirt and blouse with your hair covered most courts do not accept ladies in trousers and uncovered head.

h. Avoid the use of personal pronoun “you” when referring to the court. It is always “your Worship” or “your Lordship”

i. Always bow to the court if you come in while the court is sitting, also bow when leaving the courtroom. You should avoid wearing noisy shoes.

j. Never approach the Bar/the Lawyers’ seat while the Court is in session.

k. Sleeping in the court or loitering in and out of court are not acceptable.

I. If you carry a bag, you and your bag may be searched before being allowed to enter the courtroom.

GUIDE TO COURT REPORTING;

To report Court proceedings accurately and efficiently, the reporter must understand Judicial Communication (language of the court).

When a charge (in the Magistrate Court) or Information (in the State High Court) has been filed against a SUSPECT (an offender who is yet to be brought to court) and the suspect is brought to the court for the first time to answer to the offence (es) alleged against him or her, the suspect is said to be ARRAIGNED, when the charge is read to him and he answers guilty or not guilty, he or she is said to have taken PLEA. Once the suspect is arraigned, his title changes from Suspect to DEFENDANT.

The offences the defendant is charged with are numbered in COUNTS. Each count contains a separate offence or the same offence committed at a different time, or place, or against a different person. The defendant pleads to each count respectively. Two or more countscannot be taken in one plea, neither can more than one defendants plead together in unison.

Other words you would come across and need to understand so as to know how to use them in your report include the following:

a. Discharge – The release of the defendant from a trial, but not on the merit. He can be brought back to stand trial on the same fact.

b. Acquitted- The release of the defendant from trial on the merit, usually at the end of the trial.

c. Dismissing a case- that case cannot be brought back to the trial court, it can only go on Appeal.

d. Striking out a case- case in discontinued midway, same can be re-listed or filed again with the same facts.

e. Court Order vs. Advice: Court order is mandatory while advice is optional

f. Contempt in facie curea vs. contempt ex facie curea. Disrespectful action can either be in the presence of the court or outside the court, but they carry the same consequence. Distorting the proceedings of the court is contempt ex facie curea.

g. Injunctions:

i. Interim for a specified short period of time (7 days)

ii. Interlocutory- pending the hearing/determination of an application or the case.

iii. Perpetual – indefinite

-Status quo; as it is now.

– Status quo ante; as it was before now.

-Status quo ante bellum; as it was before the dispute.

ACCURACY, BALANCE, FAIRNESS AND IMPARTIALITY IN COURT REPORTAGE.

It is common knowledge that people rely heavily on what they get from the News Media, whether Print media, Electronic media or even Social media. Media shapes public opinion on any matter. Because of the prominence that media enjoys in shaping opinions and influencing decisions and actions, is of utmostimportance that media practitioners do their best to present Accurate, Balanced, Fair and impartial reportage particularly the report of court proceedings. You should not speculate, assume, presume or fill in the gaps. If you are in doubt, please confirm before you publish. It is not wisdom to be the first to “BREAK” the distorted or inaccurate news which can put you into trouble.

For publishing an incorrect court proceedings, you can be cited for contempt of court, prosecuted, convicted and sentence to confinement for a period up to two years. You can also be prosecuted for Sedition, Defamation, or even act intended to cause breach of public peace.

To achieve a fair reportage, do not come to court with a pre conceived facts of a case, based on what you may have heard from rumors.

Journalist play vital role in reporting court proceedings and making same available to the public, that role should be played with a high sense of responsibility.

THANK YOU FOR YOUR ATTENTION.