Evening star., 1948-06-25
-Sherbow Asks Courts
To Adopt Modified
Crime News Curb

n ooiIAAhoAS JAaSC 6SN feAoO
night that modified version of a
Baltimore City Court rule restricting
publication and broadcast Of crime
news be made effective throughout
Maryland.
Statewide application of the rule
was recommended by special COM
mittee of the Maryland Court OF
Appeals.
While Judge Joseph Sherbow was
making his address before the State
Bar Association in Atlantic City, a
group of newspapermen of Mont
gomery and Prince Georges Counties
met at Silver Hill and adopted a
resolution opposing the rule as a
violation of the constitutional right
Of free speech and free press"
Curb on Pictures and News.
The proposed Rule 9" would pre-
vent, among other things:
/. Taking pictures of an accused
without his consent.
2. Any one officially connected
with criminal case police, defense
and prosecuting attorneys, judges
r court attaches from releasing
statements made by an accused
telling of the accused's actions, or
predicting the future course of off,
cial action in case.
3. Publication or broadcast of any
such statements or disclosures.
Judge Sherbow, member OF the
Supreme Bench of Baltimore, told
the Atlantic City meeting that he
believes evidence which comes to
light before an arrest should be
publishable.
Would Relax Picture Rule.
Any facts or evidence coming
after an arrest, he said, should not
be made public until they come out
at a magistrate hearing or circuit
court trial.
Judge Sherbow suggested the rule
prohibiting pictures be simplified to
prohibit pictures of an accused per-
son while in custody, deleting the
consent" clause.
He said that if his proposal is
adopted, no pictures could be taken
in police stations, courthouses, jails
or on the street, if the accused is
actually in custody.
Seeks Ban on Predictions.
He said the remaining sections OF
the Baltimore rule could be boiled
down to ban:
The issuance by police authori
ties, the States Attorney, counsel for
having Official connection with a
case, after the arrest of the accused
or of any statements relative to
the case or the past record of the
accused, or the issuance as to the
future course of action of either
the prosecuting authorities or the
defense relative to the conduct of
the trial"
He said present State laws protect
newspapers and radio stations from
the abuse of court power to cite for
contempt. He cited rulings of the
Supreme Court of the United States
that there must be clear and
present danger" of obstructing JUS
tice before a publication may be
held in contempt for its comment
on trial.
Suggestions for Crime News.
Here are some of the guides Judge
Sherbow said he would lay down in
reporting crime news:
Every event up to and including
the fact of arrest may be published
Those who engage Tin the pursuit.
may be interviewed and their state
ments published.
No opinions as to guilt or inno-
cence may be published.
At the time of arrest. any state
ment blurted out by the accused
that he was guilty or innocent
should be published
When he is taken to the police
station the charge on the police
blotter may be- published in ordinary
everyday English.
Everything brought up at the
preliminary hearing Gncluding a
confession may be published.
FavOrs Ban on Opinions.
AT no time may any statements
as to the past criminal record of
the accused be published unless it
is part f the evidence offered
at the preliminary hearing.
The newspapers may publish the
news gathered from eyewitnesses
and policemen y so long as thev
do not publish opinions.
Traffic cases should not be COW
cred by the rules.
When the trial is concluded
there may be free discussion and
criticism
He said that I'VE do not want
censorship in any form, yet we do
not wish to see unconscious preiu-
dice or influence created by news
paper or radio publication of mat
tiers pending in the courts
Suggests Discussions.
Reasonable editors" he said,
will always be willing to discuss
with the court any difficulties pre-
sented by particular trial or un-
usual situation"
Judge Sherbow said the courts
should rarely invoke the power of
the violation is deliberate serious. "
Officials of the Maryland Press
Association attended the Silver Hill
meeting Of the Prince Georges and
Montgomery County Press Associa-
tionS
A telegram of protest was sent to
the Maryland Bar Association con-
vention.
Philip j. Austensen a reporter for
the Washington Post, who is presi-
dent of the Prince Georges group,
appoinaed a six-member committee
to carry their fight before State off,
clals. Copies of the resolution were
ordered sent to the Court of Appeals
and its Standing Committee on
Rules and Procedure: Gov. Lane,
Attorney General Hall Hammond
and Senators O'Conor and Tydings
Democrats. of Maryland.
Matthias Heads Committee.
IF this rule goes into effect" Mr.
Austensen said, "a lot of newspaper
men will be in jail
Joseph Matthias, Bethesda attor-
ney and a board member of the