rules-of-court youtube
How is &#39;Caught in Providence&#39; legal?
<p>I watch <a href="https://www.youtube.com/channel/UC59KhIPOR0Jj653dC4laEJw" rel="nofollow noreferrer">Caught in Providence</a> sometimes on YouTube (I understand it's also broadcast on TV in the US). I'm from the UK, where generally speaking filming in court is not allowed, and I find the setup somewhat confusing.</p>
<p>I know filming/broadcasting court cases is often allowed in the US (I guess the OJ Simpson trial is a classic example), presumably because there's an argument that they are a public event, which seems reasonable from one perspective. In this particular case, though, it seems like a specific program is being produced by Judge Caprio and colleagues - there are cutaway segments where he and other regular characters talk about / introduce cases, etc. - it's editiorialized in such a way that it seems he is presenting his court <em>as</em> a show.</p>
<p>Isn't there an argument that he personally might profit from this, and this or his reptutation might sway his decisions / cause him to present things in a particular light? How is this allowed by ethics rules that presumably the judge is bound to follow? In effect, it seems like some defendants are being forced to appear on a TV show.</p>
<p>Note I'm not specifically saying that's true of Judge Caprio; in fact, I find the show fascinating, I learn a lot, and I think his general message of compassion is admirable. But one could imagine less ethical judges abusing this (&quot;America's Worst Criminals&quot;).</p>
<p>I'm aware of things like <a href="https://en.wikipedia.org/wiki/Judge_Judy" rel="nofollow noreferrer">Judge Judy</a>, but my understanding is those are not real courts - they are <a href="https://en.wikipedia.org/wiki/Court_show#Arbitration-based_reality_court_show" rel="nofollow noreferrer">effectively arbitration</a> that both parties have agreed to be presented on TV. Unless the illusion is really good, this does appear to be a <em>real</em> court in Rhode Island.</p>
<p><em>Edit</em>: For what it's worth - the description on the YouTube page is:</p>
<blockquote>
<p>Real people have their cases heard in Providence Municipal Court. The
cases include traffic, parking, and arraignments for criminal
offenses.</p>
</blockquote>
<p>Further, from <a href="https://www.caughtinprovidence.com/about" rel="nofollow noreferrer">the official website</a>:</p>
<blockquote>
<p>Judge Frank Caprio is the Chief Municipal Judge in Providence, Rhode
Island and former Chairman of the Rhode Island Board of Governors. He
was appointed in 1985, and has been re-appointed six times by the
mayor of Providence and the Providence City Council.</p>
<p>All of the cases and people are real. Those who step in front of him
have a little fun with the cameras, but Judge Caprio makes it clear
that he is there to do his job.</p>
</blockquote>
<p>​</p>

<p>The <a href="https://www.courts.ri.gov/Courts/SupremeCourt/Supreme%20Court%20Rules/Supreme-Rules-Article7.pdf" rel="nofollow noreferrer">Rhode Island Supreme Court Rules, Part VII</a> state, in part:</p>
<blockquote>
<p><strong>PREAMBLE</strong> Proceedings in court should be conducted with fitting conduct
and decorum. Although this rule permits the taking of photographs, the
broadcasting, televising, and recording of court proceedings, such
activities shall be subject to the requirements set forth in these
rules.</p>
<p><strong>Canon 1.</strong> Authority of trial justice. Rules of conduct under these
rules do not limit or restrict the power, authority or responsibility
vested in the trial justice to control the conduct of judicial
proceedings. The authority of the trial justice over the inclusion or
exclusion of the press or the public at particular proceedings or
during the testimony of particular witnesses is applicable to any
person engaging in any activity authorized by these rules. For
purposes of this provision, the term “trial justice” includes any
judicial officer or master who conducts a judicial or quasi-judicial
proceeding.</p>
</blockquote>
<p>Thus, the televising of court proceedings is both permitted by Rhode Island procedural rules, and the trial judge (in this case, Judge Caprio) has authority on the inclusion and exclusion of media and television subject to those rules.  There is no issue with televising proceedings, although one might speculate if everything on <em>Caught in Providence</em> really complies with the 'fitting conduct and decorum' foreseen in the preamble...</p>

<h2>Courts are generally open to the public</h2>
<p>This is a very old tradition stemming from English law. The default position in both the UK, USA and all other common law countries is that the public can enter and watch court proceedings - most courts are built with a public gallery for that purpose.</p>
<p>Some jurisdictions have legislated that certain cases (e.g. family law, cases involving children, national security matters) will not be open. A judge also has the ability to order that a case or part of a case be heard in private, usually on the request of one of the parties.</p>
<p>A judge(s) can also allow the case to be filmed, or prohibit filming.</p>
