Defense lawyers: Surveillance 'unacceptable'

By Andrew Dys
Rock Hill Herald
Feb. 24, 2006

YORK -- Some York County defense lawyers are expected to meet with judges and prosecutors Friday to try to derail prosecutors' use of new cameras in the Moss Justice Center's two courtrooms.

Solicitor Tommy Pope's office paid to install cameras this week in the two courtrooms' ceilings. Longtime Rock Hill defense lawyer Tom McKinney, saying he was speaking for the York County Bar Association's defense lawyers, called the cameras "unacceptable."

Judge Lee Alford, administrative judge for York County, said Wednesday he and Judge John C. Hayes III were not clear about the expected use of the cameras. The judges will meet Friday with defense lawyers, Hamilton and Pope.

Prosecution-controlled cameras violate the constitutional rights of attorney-client secrecy and would give prosecutors an unfair advantage, defense lawyers said.

The cameras are solely for allowing veteran prosecutors to stay in the office to watch young prosecutors for training, Pope said. Prosecutors would not be able to see defense lawyers, defendants, jurors or judges, Pope said. Defense lawyers were not notified because the cameras won't affect them or their clients, he said.

The camera concerns are not connected to any judge's ability under state law to allow media cameras in court-rooms.

Miscommunication about the cameras probably caused the flap, said Clerk of Court David Hamilton, York County Chief Public Defender Harry Dest and McKinney.

However, Dest, McKinney and other defense lawyers said Wednesday they oppose any camera system controlled solely by prosecutors.

Thought it had been discussed

Pope said he discussed the plan with both Alford and Hayes before implementation.

"I thought we had it addressed," Pope said. "If there are parameters to be worked out, I welcome the opportunity to meet with the judges and defense bar."

McKinney said defense lawyers, "want to do whatever we can to resolve it amicably."

The cameras, not yet operational, were paid for with bond money forfeited by defendants, Pope said. Other technology not involved in the controversy is also being installed in the courtrooms this week, including video screens and projectors that will help with courtroom efficiency to be used by all parties in the court system, Hamilton said.

Rock Hill lawyer Chris Wellborn, former president of the S.C. Association of Criminal Defense Lawyers, said the surveillance cameras would stack the deck for prosecutors. Courtrooms are the public's space and not prosecutor's domain, he said.

The "teaching tool" cameras would allow all prosecutors in Pope's office to watch and assist in the trial of every case, said Jim Morton, a Rock Hill defense lawyer. But defense lawyers do not have access to the same tools.

York County Councilman Rick Lee said he had not heard of the cameras, but Pope has a proven record of innovation and leadership.

If there are privacy concerns over camera use, Pope would most likely address those concerns, Lee said.