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JANUARY 2009
Arizona Supreme Court strengthens its rule allowing cameras in the court By David J. Bodney and Chris Moeser Steptoe & Johnson LLP Journalists have an improved right to cover courtroom proceedings with cameras under a new rule adopted by the Arizona Supreme Court that took effect on January 1, 2009. Rule 122 of the Arizona Supreme Court requires judges – before they can limit or prohibit camera access – to issue “specific, on-the-record findings” that the likelihood of harm outweighs the public benefits of camera coverage. The new rule, which was adopted by the Supreme Court last September, also makes judges’ denials of requests for camera coverage reviewable by a special action. KPNX Broadcasting Co., the NBC affiliate station in Phoenix, filed a petition to amend Rule 122 in the Arizona Supreme Court in November 2007 after finding that courts were denying requests for camera coverage at an increasing rate, often without explanation or hearing. Many of these denials occurred in high-profile cases of acute public interest. KPNX’s petition sought to add basic procedural safeguards to a rule that had not been altered since its inception 25 years ago. Drawing on recent decisions in Mississippi and New Hampshire, KPNX’s petition cited numerous studies that found significant benefits and few measurable harms attributable to cameras in the courtrooms. The petition identified four other states – Florida, Massachusetts, Tennessee and Wash-
ington – that either presumptively favor camera coverage of courtroom proceedings, or require courts to make specific factual findings and consider less restrictive alternatives before prohibiting coverage. During a comment period that lasted more than six months, KPNX enlisted the support of the Barbara Rodriguez Mundell, Presiding Judge of the Maricopa County Superior Court, who suggested a few additional changes to the station’s proposal. For example, Judge Mundell suggested that judges consider the “timeliness of the request” in deciding whether to allow camera coverage. Under the new Rule 122, most requests to tape or photograph
a proceeding must be made “no less than two days in advance of the hearing.” Journalists should pay special attention to this portion of the new rule, which requires requests for camera coverage to be submitted “to the judge of the particular proceeding sufficiently in advance of the proceeding or portion thereof as not to delay or interfere with it.” Photographers and reporters also should pay close attention to section (l) of the new rule, which prohibits audio recording and photography “in any part of the court building where a judicial proceeding is not being conducted.” Unless the court expressly agrees, “there shall be no audio recording continued on page 6
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ANA’s 2009 contests will be (almost) paperless
Paula Casey Executive Director
“Major changes were announced for our annual contests.”
Entry packets were recently sent out for the 2009 Excellence in Advertising competition. Major changes were announced for our annual contests. The opportunity to upload entries via PDF directly to our contest website will begin this year by using the SmallTownPapers contest module. By shifting to an almost paperless contest, ANA will be able to eliminate most of the mailing and shipping costs for judging and will prevent the opportunity for lost entries. Judges will be able to log in directly to the website and judge their categories without leaving their offices. If a newspaper cannot upload a PDF, ANA will photograph the tearsheets and upload them for the member newspapers for 2009 only. Several categories will still require the mailing of entries such as Best Special sections and Best Classified Section. Deadlines for the Excellence in Advertising contest are Feb 20, 2009. Another major change for 2009 will be the combining of the Arizona Associated Press Managing Editors (APME)
call for entries for their news writing and photography contest with the ANA Better Newspapers Contest. With many like categories, we were able to merge these two contests by adding 4 new categories to the ANA contest. New in 2009 will be Best Multimedia Storytelling, Sports Columns, Investigative Reporting and Story of the Year. BNC/APME contest packets will be sent out in mid-May with a June 30th deadline. There will be no price increases to enter this contest in 2009. Also being merged will be the FOI Awards from the APME with those of the ANA at our Annual Zenger/FOI Luncheon to be held as part of the ANA Fall Convention. We are excited about this partnership and co-branding of our newsroom contest. Dates for the ANA Fall Convention are October 9-10, 2009. This partnership will also allow us to work with APME on future training opportunities. It is our goal to assist with newsroom training in the most cost effective manner.
Publishers: We still need city financial data
In the Fall 08, after we learned newspapers could lose public notices, we asked publishers to find some information for us to use in our fight to keep Public Notice in newspapers. We did not receive enough to make it useful. So we are once more calling for your help. • What was your city’s budget for the year ending June 30, 2008? • How much did the city spend on Public Notices for that same year? • Does that number match the number you received for Public Notice Ads from that city for that same year? Pretty simple. It is in your best interest to provide the information. Paul Barger in Holbrook told us that the Navajo County budget totaled about $119 million. The county spent a little more than $9,000 on public notices. That is 8 one-thousandth of one percent of the budget. We know when it comes to budget cuts everything is on the table. But we need to tell the legislature that this change in the law does more harm to the general public if it is passed. Send the information you find directly to j.fearing@ananews.com. The public and the newspaper industry depend on you! Interested in getting involved? Join our Legislative Committee, which meets by conference call every Friday during the legislative session. Contact John Fearing for more info.
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ASU demos flexible, unbreakable displays Last month, HP and the Flexible Display Center at Arizona State University announced the first prototype of affordable, flexible electronic displays. Flexible displays are paper-like computer displays made almost entirely of plastic. This technology enables displays to become easily portable and consumes less power than today’s computer displays. Popular applications for the technology could include electronic paper and signage. The production feat is a milestone in the industry’s efforts to create a mass market for high-resolution flexible displays. Plus, from an environmental standpoint, the displays leapfrog conventional display processes by using up to 90 percent less materials by volume. Mass production of such displays can enable production of notebook computers, smart phones and other electronic devices at much lower costs since the display is one of the more costly components. The unbreakable displays were created by the FDC and HP using self-aligned imprint lithography (SAIL) technology invented in HP Labs, HP’s central research arm. SAIL is considered “self aligned” because the patterning information is imprinted on the substrate in such a way that perfect alignment is maintained regardless of process-induced distortion. SAIL technology enables the fabrication of thin film transistor arrays on a flexible plastic material in a low-cost, roll-to-roll manufacturing process. This allows for more cost-effective continuous production, rather than batch sheet-to-sheet production. “The display HP has created with the FDC proves the technology and demonstrates the remarkable innovation we’re bringing to the rapidly growing display market,” said Carl Taussig, director, Information Surfaces, HP Labs. “In addition to providing a lower-cost
process, SAIL technology represents a more sustainable, environmentally sensitive approach to producing electronic displays.” The first practical demonstration of the flexible displays was achieved through collaborative efforts between the FDC and HP as well as other partners including DuPont Teijin Films and E Ink. To create this display, the FDC produces stacks of semiconductor materials and metals on flexible Teonex® Polyethylene Naphthalate substrates from DuPont Teijin Films. The SAIL process integrates E Ink’s Vizplex™ imaging film to produce an active display on plastic. E Ink’s Vizplex bi-stable electrophoretic imaging film enables images to persist without applied voltage, thereby greatly reducing power consumption for viewing text. “Producing a photolithography-free, flexible active-matrix display is an excellent example of the Flexible Display Center’s world-class development and manufacturing infrastructure,” said Shawn O’Rourke, director, Engineering, Flexible Display Center at ASU. “It demonstrates how multiple industry partners can collaborate on innovative solutions, including roll-to-roll compatible technology that addresses the rapidly growing market for flexible electronics.” “Flexible electronic displays are playing an increasingly important role in the global high-tech industry, serving as the crucial enabling technology for a new generation of portable devices,” said Vinita Jakhanwal, principal analyst, Small and Medium Displays, iSuppli. “We expect the flexible display market to grow from $80 million in 2007 to $2.8 billion by 2013. The Flexible Display Center at Arizona State University is a key participant in helping to develop the technology.”
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Read A Newspaper. Know It. All. As part of its ongoing mission to increase newspaper readership, the Missouri Press Association has launched a new series of ads, available for use without charge by newspapers throughout the country. The theme of the campaign, “Read A Newspaper. Know It. All.” focuses on the value local newspapers bring to their readers and presents a compelling case for readership in a straightforward and sometimes humorous manner. The ads are posted on the MPA website along with an overview of the campaign. All materials may be downloaded free of charge from http://mopress. com/know_it_all.php. The promotional ads are in .PSD format and you may modify them at will. This campaign makes the point about the importance of newspapers without a direct civics appeal. Let people know how important a free press is.
French papers set for bailout President Nicolas Sarkozy has announced that the French government will double its advertising output in the country’s newspapers and on their related Web sites, in order to mitigate an “emergency” in the press sector caused by falling ad revenues. Following a three-month review of the challenges facing newspapers, the government will also increase its funding for print media for the next three years. Other provisions include giving 18 year-olds free subscriptions to a print title of their choice – an inititiative being jointly-funded by publishers – and providing tax breaks for delivery services. Says Sarkozy: “It is the state’s primary responsibility to respond to an emergency, and there is an emergency caused by the impact of the collapse of advertising revenue.”
“81% of newspaper Web site users also read their printed paper.” –Newspaper National Network
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Bills would let legal notices be published online By James Gilbert The Sun Two bills in the state Legislature, one of them introduced by Yuma State Rep. Russ Jones, would give local governments the option of posting their legal notices online instead of having them published in local newspapers. “It’s not a shall, it’s a may,” Jones said of the wording in the bill. “It doesn’t preclude municipalities from still publishing in newspapers if they choose to continue doing so, it just removes the requirement that requires them to do so.” Jones said the intent of the bill is to save cities and towns money and give them the flexibility in how they choose to make the notices available to the public. But the Arizona Newspapers Association contends it shields the government’s business from public view and deprives the public of some very important information. “It modernizes the process of how municipalities decide to disseminate information,” Jones said. “It allows them greater flexibility in deciding what format they would like to use.” The bill, which has not been assigned to a committee or heard yet, would allow cities and towns to post all public notices electronically on a Web site if they have one, instead of paying to have them published in local newspapers. Jones said a second bill introduced in the House would allow county governments to forgo the
“It modernizes the process.” - Russ Jones
legal notice announcement requirement. He said he did not know the sponsor of that bill. Jones added that things such as publishing public notices is something that can be done electronically online, and may turn out to be more convenient. Jones proposed the bill in conjunction with the Arizona League of Cities and Towns, of which the City of Yuma is a member. John Fearing, deputy executive director of the Arizona Newspapers Association, says the bill does not serve the public and the association will oppose the legislation. “Public notices are another form of public records, so why hide them from the public,” Fearing said. “This information is considered so important that legislators in the past have passed laws that require it be published in newspapers so the public doesn’t have to go looking for it.” Dave Nash, spokesman for the city of Yuma, said the city was not prepared to comment on the proposal of the bill at this time. Although the legal advertising is a revenue source for newspapers, Fearing pointed out that there is more at stake than money, saying it is about whether the public will
“Why do they need permission to do something they should already be doing?” - John Fearing
be able to get the information and where they are going to find it. He said many Arizonans don’t own computers or are not comfortable using them, or may not have Internet access at home. So if the public notices weren’t published in newspapers, Fearing said, many residents would be deprived of vital information. “Publishing public information in newspapers creates a permanent record,” Fearing said. “The information will never change, the link won’t go away and the ink will never fade. It becomes a piece of history.” Fearing said there is no law prohibiting municipalities from also posting the information online if they choose, and if they aren’t they are shirking the responsibility of keeping the public informed. “So why do they need permission to do something they should already be doing?” Fearing asked. However, it would be duplicating a service that is already provided by a newspaper industry-created Web site: www. publicnoticeads.com. Fearing said newspapers from Arizona and 17 other states already publish public notices on that Web site, which allows free searching by the public. Jones said that not only would publishing the information electronically be more convenient for municipalities, it will also produce a cost-saving, especially at a time when cities and towns are facing budget constraints.
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Cameras in Arizona’s courts or broadcasting of conferences in the court building between attorneys and their clients, between attorneys, of jury interviews or in any part of the court building where a judicial proceeding is not being conducted.” In other words, it is now essential to secure the judge’s permission before taking photographs or using recording devices to tape interviews in the court building “where a judicial proceeding is not being conducted.” The new rule places no limits on traditional reporting or newsgathering in the court building that does not involve the use of cameras or recording devices During the petition’s comment period, the Supreme Court received 13 favorable submissions – including comments from The Arizona Republic, the Tucson Citizen, the E.W. Scripps Company, state Rep. Jonathan Paton, R-Tucson, KGUN-TV, KOLD-TV, KVOA-TV,
the First Amendment Coalition of Arizona, the Arizona Broadcasters Association, the Reporters Committee for Freedom of the Press and former Arizona Supreme Court Chief Justice Frank Gordon, who presided over the televised impeachment trial of former Governor Evan Mecham. Judges in Cochise, Mohave and Pima Counties, together with the Pima County Bar Association, filed objections. In fact, one judge in Mohave County opposed a more focused lens in its courtrooms because “[s]ome of our non-lawyer JPs and Magistrates may not truly reflect the highest levels of professionalism or knowledge, which would reflect poorly upon the judiciary as a whole.” Under the new rule, reporters and the audiences they serve will know the basis of a judge’s decision to ban camera coverage – and be permitted to challenge these decisions as appropriate.
Scholarship program in jeopardy of being cancelled Contribute to the 2009 Arizona Newspapers Foundation 3for3 Scholarship Fund and help a young journalist pay for college. We can’t do it without YOUR help! Without your support, this worthy program is in danger of being cancelled. Your donations are tax-deductable. A very special thank you from ANA to The Tribune-News (Holbrook), the Arizona Capitol Times and The Catholic Sun for being the first ones to step up and make a donation. In 2008, the ANF selected two worthy students to receive a $1,000 scholarship to Arizona State University, the University of Arizona or Northern Arizona University. If you are ready to donate or have questions regarding this fundraiser, please contact Sharon Schwartz at (602) 261-7655 ext. 108 or s.schwartz@ananews.com. Both individual and corporate donations are welcome. Fill out the slip below and mail it to us with your donation, today! Arizona Newspapers Foundation
- PLEDGE CARD Your pledge will fund scholarships as well as provide resources to train Arizona’s next generation of journalists. □ This is my pledge for the 2009 campaign.
□ 3 cents per subscriber, circulation:__________ x .03 = $__________ This is the target amount recommended by the foundation board. We hope you’ll consider this amount but feel free to choose one of these alternatives:
□ 5 cents per subscriber, circulation: _________ x .05 = $___________ □ 7 cents per subscriber, circulation: _________ x .07 = $___________ □ Other - $__________________ □ Check enclosed. □ Bill Me. □ Charge to: □ VISA □ MasterCard □ AMEX □ Discover Card No._________________________________________ Exp. Date________ Your name________________________________________Signature__________________________Date___________ Newspaper/Organization_____________________________ Address___________________________________________
When it comes to hardware, you get what you pay for Kevin Slimp Institute of Newspaper Technology kevin@kevinslimp.com
Man, I hate having to spend my own money on computer stuff. I get used to receiving software, utilities and other gizmos from companies all the time to review. It can get addictive. Then something breaks or gets old and I have to come back down to reality. A couple of times a year I’m forced to spend money, out of my own pocket, for some necessary products. That happened twice this week. I can feel your expressions of empathy. Thanks. Fortunately, I saw the first one coming. When you’re in the business of speaking about the latest computer products, people expect you to own the latest and greatest yourself. So once a year, whether I need one or not, I buy a new computer. So what does the “technology guru” buy when he has to spend his own money? My choice was a 15” MacBook Pro. I was tempted to go with the 17-inch model, but decided to practice what I preach. The 17-inch model is just too big to carry through airports several times a month. I was visiting with a PC-using colleague by phone yesterday and mentioned that I’d just purchased the new computer. His response was, “I could buy three PC laptops for that much money.” Truth be told, I could have bought a couple of MacBooks
Kevin purchased this Lacie Triple-Interface (USB/Firewire/eSATA) drive to replace a broken backup drive.
for the same money (yes, I was tempted), but I’ve learned the hard way that you get what you pay for. That’s not just true of cars and phones. I need a computer that works every time. I don’t have time to worry about fixing a computer. I need a computer that’s not susceptible to viruses. I need a com-
So my first purchase was the MacBook Pro. Unfortunately, I didn’t see the second one coming. If you read my column regularly, you know that I’m a big believer in backup drives. You can’t have too many of them. I keep two of them connected to my primary desktop (yes, it’s an iMac). You
InCopy CS4 Continues to Impress Editors & Designers InCopy is Adobe’s word processing application that works in concert with InDesign. Even though InCopy has been around for a long time, I still get a lot of questions about it. Often overlooked because it’s not part of the bundled Creative Suite products, InCopy is a valuable resource, making it possible for even small operations to have a managed editorial workflow. I’ve been using InCopy CS4 over the past couple of months and continue to appreciate this powerful application. While the CS4 versions adds only a couple of noteworthy new features, it’s important to make sure your version of InCopy is the same as InDesign. If you’re considering an upgrade to the CS4 suite of applications (InDesign, Photoshop, Illustrator, etc.) and you use InCopy in your workflow, remember to upgrade that as well. Upgrades to InCopy start at $89 (US). The full version is $249 (US). For more information, visit: adobe.com/products/incopy/. InCopy CS4 is a word processing application that works in tandem with InDesign. Writers can work in story, galley or layout view. Layout view, shown here, allows the editor and/or writer to see how the text appears on the actual page layout in InDesign.
puter that doesn’t need upgrading every few months with new service packs. I need a computer that still speeds through applications after it gets some wear and tear. That’s why I recommend iMacs for my clients who are purchasing desktop computers. Sure, they could buy a couple of cheap PCs for the $1,200 they’ll spend on an iMac, but they won’t have to worry about computers breaking down, virus attacks and more over the years.
might even remember that I always keep at least two backup drives, because they tend to break down after two or three years. The better drives tend to last a little longer. You guessed it. Yesterday, I was in the middle of backing up my system when the secondary backup drive started clicking. Hardware gurus refer to this as the “click of death.” When you hear the click of death, you know a drive is history. Whether it’s an external or inter-
nal drive, the click means it’s time to do an immediate backup - on the chance that you can still save your data. It was too late for mine. There was no saving the data on this drive. Fortunately, I have another backup drive with the same data, so I’m OK. But I am forced to purchase a replacement drive. Yes, with my own money. While we’re discussing the backup drive, you might be interested in knowing that I had two brands of drives connected to my iMac. One was a Lacie, the brand I always recommend to my friends and clients. The other was a Western Digital. You guessed it. The Lacie drive is fine. So this morning, with credit card in hand, I ordered a Lacie Triple-Interface (Firewire, USB, eSATA) drive. For $100 plus change, I ordered a 500 Gigabyte drive that should work quite nicely. The Lacie drives work well with both PCs and Macs. Donations can be sent to my usual address.
Where’s Kevin? February 4-6: Nashville, TN February 28: Minneapolis, MN Coming soon to: New York • Des Moines • Kentucky Winnipeg • Saskatoon • Toronto
Want to bring Kevin to your office or training event? It’s easy. Email him at:
kevin@kevinslimp.com Catch Kevin’s live webinar training. Get more info at braincast.biz .
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Now is the time to embrace change
Perri Collins ANA Communications Manager As many of you know, I am in my last semester at the Walter Cronkite School of Journalism and Mass Communication at Arizona State University. Throughout my years there, I have felt a building excitement among the faculty and students about the current state of journalism. Ideas flow over hasty breaks at the Starbucks on the corner, class projects turn into viable entrepreneurial undertakings. Students are trained to be flexible, think outside the box and jump on the hottest new technologies. As communications manager for ANA, I attend many conventions, happy hours and networking events. I speak with journalists, editors and publishers all the time about the change that is taking place in our industry. But it seems that people are too busy wringing their hands and complaining to see that the glass if half-full. Now is a great time to start experimenting, to try new technologies, to be innovative and engage your communities.
Many new internet resources are free and easy to use. What’s stopping you from setting up a Facebook page, tweeting breaking news from Twitter or uploading videos to YouTube? Take the time to test what works for you. Don’t be afraid to learn new things. Circulations are declining, but more people than ever are devouring the news. Now is the time to jump in with both feet. Now is the time to blow your readers away. How are you embracing change? Graduating students – your future employees – are ready for the transformation. Are you?
Contact ANA Staff Executive Director Paula Casey............... Ext. 102 p.casey@ananews.com
Network Ad MGR. Sharon Schwartz........ Ext. 108 s.schwartz@ananews.com
Deputy Executive Dir. of Network Sales Rep. Government Affairs Don Ullmann............. Ext. 111 John F. Fearing....................... d.ullmann@ananews.com j.fearing@ananews.com Ad Services Assistant Communications Mgr. Kay Wilmoth.............. Ext. 103 Perri Collins............... Ext. 110 k.wilmoth@ananews.com p.collins@ananews.com Reception/Tearsheets Accounting Assistant Lorraine Bergquist......... Ext. 0 Liisa Straub................ Ext. 105 l.bergquist@ananews.com l.straub@ananews.com Media Buyer Cindy Meaux............. Ext. 112 c.meaux@ananews.com
2008-2009 ANA/Ad Services Board of Directors President Dick Larson, Western News&Info, Inc. One-Year Dir./Daily First Vice President Teri Hayt, Arizona Daily Star Two-Year Dir./At-large Second Vice President Ginger Lamb, Arizona Capitol Times Two-Year Dir./Non-Daily
Directors Tom Arviso, Navajo Times Two-Year Director/Non-Daily Nicole Carroll, The Arizona Republic Two-Year Director/Daily Elvira Espinoza, La Voz Two-Year Dir./At-large John Naughton, Payson Roundup One-Year Dir./Non-Daily
Third Vice President Don Rowley, Arizona Daily Sun Jody VandenHeuvel, Two-Year Dir./Daily East Valley Tribune One-Year Dir./Daily Secretary/Treasurer Rick Schneider, Eastern Pam Mox, Green Valley News Arizona Courier and Sun One-Year Dir./Non-Daily Past President
ANA Calendar February 12, 2009 • ANA Board of Directors meeting, Phoenix February 20, 2009 • Deadline for entries into ANA Excellence in Advertising competition February 21, 2009 • Tour de FOI, Bullhead City March 9-11, 2009 • NAA mediaXchange, Las Vegas March 23, 2009 • Schatt Memorial Lecture, Tempe April 3-5, 2009 • SPJ Region 11 Conference, Phoenix April 17-19, 2009 • Journalism Education Association annual national convention, Phoenix May 9, 2009 • Arizona Press Club annual banquet, Phoenix May 22, 2009 • ANA Excellence in Advertising awards reception, Phoenix
STAY in touch with ANA on the Web! Members-only site: http://members.ananews.com Flickr: http://www.flickr.com /photos/ananewsflash Myspace: www.myspace.com/ananews Twitter: twitter.com/ananewsflash YouTube: youtube.com/ananewsflash
ANAgrams is an official publication of the Arizona Newspapers Association 1001 N. Central Ave., Suite 670 Phoenix, AZ 85004