More court work done through Interactive TV

Amid the stately stained-wood walls and paintings of past circuit court judges at the Davison County Courthouse in Mitchell is a large television.

With a camera mounted on top, the Interactive TV — or ITV — allows Davison County Clerk of Courts Barb McKean and other court personnel to connect with courts and suspects at other locations and hold initial appearances, hearings and other proceedings.

“It saves a lot of time and money,” McKean said.

The system is usually used to give recently arrested individuals their initial court appearance. McKean or another deputy magistrate can advise the jailed suspects of their rights from the third floor of the courthouse, saving the time and expense of a trip across town to the Davison County Public Safety Center, which houses the county jail.

One of the most recent uses of the system was an initial court appearance for William Davis, the 21-year-old Mitchell Technical Institute student charged with first-degree manslaughter in the death of his friend and fellow student Matt Montag, 19. Judge Sean O’Brien informed Davis of his rights via the ITV system.

Though the system saves time, it can raise questions about the public’s access to court proceedings.

The law requires arrested parties be given an initial court appearance within 48 hours of arrest unless the suspect is released on bond or refuses the initial appearance. The public is allowed to witness the initial appearance, said Greg Sattizahn, legal counsel for the South Dakota Unified Judicial System, whether it takes place in the courtroom or over the ITV.

Members of the media count on initial appearances to capture the first picture or footage of a suspect during what is commonly known as the “perp walk,” when suspects are led to and from the courtroom. It’s often the media’s and public’s first chance to see the suspect, because cameras are not allowed in South Dakota circuit courtrooms and state law prevents the release of mug shots of suspects unless they escape or otherwise become a fugitive.

When a hearing is conducted on ITV, the opportunity to capture an image of the suspect is often lost.

“Sometimes, that perp walk is the only opportunity the press has to get that picture of the suspect. That can be a problem,” said Bordewyk, executive director of the South Dakota Newspaper Association and a lobbyist for open government.

“As a journalist, you’re trying to tell the public, ‘This is what John Doe looks like.’ Sometimes, I think that can be helpful to the public and the community if they know what the suspect looks like.”

Bordewyk said legislative attempts to allow the release of mug shots have failed. He assumes that as technology moves forward, opportunities to capture an image of a suspect may be fewer and farther between as the use of ITV grows.

“It’s a sign of the changing times in terms of the use of technology in the courtrooms,” he said.

“Quite honestly, I think you’re going to see more and more of it.”

South Dakota is one of the few states in the country to bar media cameras from courtrooms.

The South Dakota Supreme Court heard arguments on the matter this year, but there is no timeline for when the court might rule on the issue.

Meanwhile, the courts’ own ITV cameras have been used in Mitchell for matters ranging from small-claims hearings to confidential juvenile matters transmitted live between Mitchell and Sioux Falls.

McKean said judges will also use the system for other hearings, especially if attorneys cannot be present in the local courtroom.

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