S.D. high court takes oral arguments to Internet
By The Associated Press
11.22.02
PIERRE, S.D. — Anyone with an Internet connection can now listen live when lawyers argue their cases before the South Dakota Supreme Court.
The live audio broadcasts are now available on the Internet from the high court's Web site. Those recordings are to be archived so people can listen to them at their convenience.
The Internet broadcasting system was tested in the high court's August and October sessions. It made its public debut when the justices heard arguments Nov. 19 and 20 in Pierre.
Chief Justice David Gilbertson said the Supreme Court's courtroom in the state Capitol seats only 20 spectators, and many people from around the state cannot drive to Pierre to hear arguments during a work day.
The new service will help more people understand the legal system and learn about important cases, Gilbertson said.
"We're committed to letting the public know how we resolve legal disputes, and this is simply another method of doing that," the chief justice said.
To give the public a chance to see oral arguments, the state Supreme Court for years has held sessions at the University of South Dakota Law School in March and at various other locations across the state in October.
In August 2001, the high court began allowing news media cameras and audio tape recorders to cover appeals arguments.
The extra electronic coverage has helped people learn about cases, but the new Internet service will give people a chance to hear entire arguments, not just highlights featured on newscasts, Gilbertson said.
Lawyers and law students also can use the archived arguments for research and to prepare for arguments in similar cases, the chief justice said. "I think it's going to be a great research tool for lawyers."
The state Supreme Court has recorded arguments on audio tape for the justices' use in deciding cases, but those tapes cannot be archived because they degrade too quickly, Gilbertson said. The new Internet broadcasts can be stored permanently, he said.
The chief justice said the public appears to be interested in many cases. About 1,100 students and other spectators filled a high school theater in Pierre several years ago for extended arguments in a murder case involving the death penalty, he said.
The Supreme Court tries to announce its schedule of oral arguments about a month before each session. Arguments generally start at 9, 10 and 11 a.m. each day, with 10-minute breaks between cases.
When the Supreme Court holds sessions across South Dakota, people most frequently ask why the justices don't rule from the bench at the end of the arguments, Gilbertson said.
After hearing several arguments each day, the justices meet in private late that day and decide the cases. Those decisions are not announced until written opinions are issued, usually a few months later.