Preamble
The Bench, Bar and Press (comprising all media of mass communication) of Washington:
(a) Recognize that reporting by the news media of governmental action, including the administration of justice, is vital to our form of government and protected by the Constitutions of the United States and the State of Washington.(b) Seek to preserve the constitutionally protected presumption of innocence for those accused of a crime until there has been a finding of guilt in the appropriate court of justice.(c) Believe both constitutional rights can be accommodated without conflict by careful judicial craftsmanship and careful exercise of discretion by the bench, the bar, and the news media.Principles
To promote a better working relationship between the bench, bar and news media of Washington, particularly in their efforts to protect both the constitutional guarantees of freedom of the press and of the right to a fair and impartial trial, the following statement of principles is suggested for voluntary consideration to all members of these professions in Washington. Any attempt to impose these Principles and Considerations as mandatory is contrary to the intent of the Bench-Bar-Press Committee and contrary to the stated goals of these Principles and Considerations.
1. Accurate and responsible reporting of the news media about crime, law enforcement, and the criminal justice system enhances the administration of justice. Members of the bench and bar should make available information concerning that process to the fullest extent possible under their codes of conduct and professional responsibility.2. Parties to litigation have the right to have their causes tried by an impartial tribunal. Defendants in criminal cases are guaranteed this right by the Constitutions of the United States and the State of Washington.3. Lawyers and journalists should fulfill their functions in such a manner that cases are tried on the merits, free from undue influence by the pressures of news media reports. To that end, the timing and nature of media news reports should be carefully considered. It is recognized that the existence of news coverage cannot be equated with prejudice to a fair trial.4. The news media recognize the responsibility of the judge to preserve courtroom decorum and to seek to ensure both the open administration of justice and a fair trial through careful management.5. A free press requires that journalists decide the content of news. Journalists in the exercise of their discretion should remember that readers, listeners, and viewers are potential jurors.6. The public is entitled to know how justice is being administered. However, lawyers should be aware that the timing and nature of publicity they create may affect the right to a fair trial. The public prosecutor should avoid taking unfair advantage of his that position as an important source of news, even though the prosecutor should release information about the administration of justice at the earliest appropriate times.7. Proper judicial, journalistic and legal training should include instruction in the meaning of constitutional rights to a fair trial, open justice and freedom of the press, and the role of judge, journalist and lawyer in guarding these rights. The bench, the bar and the press will endeavor to provide for continuing education to members of each respective profession concerning these rights.8. Open and timely communications can help avoid confrontations. Toward that end all parties are urged to employ the Bench-Bar-Press Committee's Liaison Subcommittee when conflicts or potential conflicts arise.