In Re: Media Access To Virtual Zoom Courtroom

Supreme Court of Louisiana
May 16, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: MEDIA ACCESS TO VIRTUAL ZOOM
COURTROOM No. 2023-KK-00172
_ _ _ _
_ _
IN
RE: Capital City Press, LLC d/b/a The Times-Picayune - Applicant Other;
Applying For Supervisory Writ, Parish of Orleans Criminal, Criminal District Court
Number(s) 538512, Court of Appeal, Fourth Circuit, Number(s) 2022-K-0798;
_ _ _ _ _ _
May 16, 2023
Writ application denied. See per curiam.
Hug
hes, J., recused.
SJC
JLW
JTG
WJC
JBM
PDG
05/16/2023 "See News Release 024 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2023-KK-00172
I
N RE: MEDIA ACCESS TO VIRTUAL ZOOM COURTROOM
O
n Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal
P
ER CURIAM*
R
elator, Capital City Press, L.L.C., d/b/a The Times -Picayune, seeks review
of ruling of the district court denying relator’s reporter’s request for electronic access
to a court session on November 2, 2022. For the reasons that follow, we find the
application does not present a justiciable controversy and therefore deny relief.
It is well settled that courts will not decide abstract, hypothetical or moot
controversies, or render advisory opinions with respect to such controversies. In
order to avoid deciding abstract, hypothetical or moot questions, courts require that
cases submitted for adjudication be justiciable, ripe for decision, and not brought
prematurely.
St. Charles Par. Sch. Bd. v. GAF Corp., 512 So. 2d 1165, 1170 (La.
1987) (on rehearing).
A “justiciable controversy” connotes, in the present sense, an existing actual
and substantial dispute, as distinguished from one that is merely hypothetical or
abstract, and a dispute which involves the legal relations of the parties who have real
adverse interests, and upon which the judgment of the court may effectively operate
through a decree of conclusive character. Abbott v. Parker, 259 La. 279, 308, 249
So. 2d 908, 918 (1971) . This traditional notion of a “justiciable controversy ” is
rooted in our Constitution’ s tripartite distribution of powers into the executive,
legislative, and judicial branches of government. Cat’ s Meow, Inc. v. City of New
Orleans Through Dep’t of Fin., 98-0601 (La. 10/20/98), 720 So. 2d 1186, 1193.
* Hughes, J. recused.
05/16/23

2

Relator is not a party to the se criminal proceedings and has no adverse
interests to any of the parties. Moreover, the district court has indicated the internal
rule of court which relator seeks to have us review is no longer in effect as of
December 5, 2022, and virtual access is now limited to very specific circumstances
involving inmates incarcerated outside of the parish. 1 Under these circumstances,
any decision by this court would be advisory in nature.
In reaching this conclusion, we do not mean to minimize in any way the
important issues of law raised by relator. The ability to conduct proceedings by
electronic means was an important tool to ensure the continued operation of the
judiciary during the he ight of the pandemic , and many courts continue to utilize
virtual proceedings in different ways. It is important to ensure that rules of access
to such proceedings be developed in a comprehensive and orderly manner to ensure
the rights of the public and the parties are respected. This task addresses itself to our
administrative rather than adjudicative role. See La. Const. Art. V, § 5 (providing
that the supreme court “ may establish procedural and administrative rules not in
conflict with law. . . .”).
In summary, without passing on the merits, we find the application does not
present a justiciable controversy. Accordingly, relief is denied.

1 The district court’s per curiam states:
This Court notes that as of December 5, 2022, this Court no longer
utilizes Zoom outside of very specific circumstances, mainly for
proceedings involving defendants incarcerated outside of Orleans
Parish. Members of the public, attorneys, and media have and
remain welcome to access the Court in -person, at any time that
proceedings are being held.