All right. I have one other matter that does not involve the parties. We had a violation of the court's order this morning regarding still photography in the courtroom, and I've determined to terminate the still photography in the courtroom. So I take it, Miss Sager, that's why you're here?
So if it's of no further interest to the real parties in interest, I'll excuse them at this time.
Your Honor, Mr. Saxton is also present. If the court would hear argument by Mr. Saxton.
Yes, your Honor. Mr. Saxton is here, who is the still photographer who was running the pool this morning. It's my understanding that what has occurred is again simply what I think was a misunderstanding of an incident that's occurred before the court sometime ago when a still photographer took a picture during a break, which the court has ordered that no pictures be taken except when the court is in session. But during that hearing, there was a discussion of the need to take a test photo on certain occasions to make sure that the still camera was working, and it was the impression--
Yes, your Honor. At that time, the court made the comment when it was explained that he focused on people, because that's what normally is being taken pictures of, the court made the comment I believe, something to the effect of, "Well, that's what the seal is for." And the impression given to the still photographer and to the pool my understanding--
Miss Sager, let me tell you what causes me great concern and why I'm going to terminate the still photography coverage; is because when this happened--I heard the camera go off myself this morning when I was here at 8:30 and I was here out on the bench clearing items, getting set up, getting my computers running, making my notes, and I hear the camera go off, and I look and I see it directed towards me. And that's a direct violation of my order.
Well, your Honor, I believe the court has reviewed the footage, the one still camera shot that was taken this morning. It was not a picture of the court.
No. Miss Sager, I haven't had time. It would be a tremendous waste of my law clerks' time to send them down to fox photo to get one hour of photos. I haven't had the time to do that. I've been busy with other matters.
I appreciate, your Honor. And certainly Mr. Saxton or a member of the still photography pool is happy to take that task in hand. The picture as I understand it was not of the court. It was simply focusing on the far wall because the position of the still camera, given the screen that is between the camera and the seal, makes it difficult to focus--
Well, your Honor, if a picture was taken of the court, I could understand you being upset, and there was no intention to violate or flaunt the court's order.
I'm not upset about people taking my picture. I'm upset about the fact that it's a violation of my court order.
KEY QUOTEThe picture, as I understand it, your Honor, was simply focusing on the wall so that a focus shot could be taken, which can't be done of the seal with the still camera the way it can of the video camera. And so the focus was on the far wall, because if you can't get something in focus, you can't tell if the camera is working or not. And that was what the camera was pointing at, and the camera was moving around the way it does without a picture being taken to make sure that everything is working, because unlike the video camera, my understanding is, the still camera has to be--excuse me--taken down or broken apart or broken down, whatever the terminology is, every night. And so they have to make sure in the morning that it is working when they put it back together. And that's the reason a test photo is taken. And Mr. Saxton can explain precisely the mechanism involved in having to do that. But it was not an attempt to take pictures of anyone in the courtroom and no picture as I understand it of anyone in the courtroom was taken, but simply a focus on the far wall. And to the extent that that was in disregard of what the court's intention was when it referred to taking a picture of the seal, then I know Mr. Saxton is deeply apologetic as are all the members of the pool. But the intent was to try to follow what the court had implied or at least was understood the last time this issue came up, which was, don't take any pictures of anyone in the courtroom. You're supposed to do your test shot, if you need to, on a stationary object, the seal, which is what the video camera focuses on when the court is not in session, not taking any pictures of anything or anyone going on in the courtroom. And it's my understanding that that's all Mr. Saxton was trying to do. And he is here and is happy to address the court and has written out an explanation that he's happy to have me submit to the court and would ask for the court's leniency in not--
Well, I appreciate that your Honor may have thought that. And again, we apologize if there was a misunderstanding, but that's all it was. And had a picture been taken of an individual in the courtroom, then that would seem to be more in line with a punishment that would be appropriate to a flaunting of the court's order. But here, what was done was an effort to try to satisfy the court's concerns that no pictures of people be taken when the court was not in session.
Well, all that had to be done was notify Miss Hayslett that there's a technical need to do something and that a regularly scheduled time that a photograph would be taken of some inanimate object in the courtroom. That was not done.
I understand that, your Honor. And that--as I said, Mr. Saxton and the pool are apologetic for that, but thought they were trying to--
So when I'm trying to get prepared for the morning and I hear the camera going off and I look and I see it directed at my direction, I'm concerned.
I can appreciate why the court would be concerned, and that's why Mr. Saxton has wanted to offer an explanation of what happened to make it crystal clear to the court that no pictures of your Honor were taken or of anyone in the courtroom, nor was there any intent to do that. And to the extent that there was a misunderstanding about the intent of the court's order when this last arose, that's all it was. They simply thought that the purpose of the discussion last time was to make it clear to focus on the inanimate object and take a picture.
I'm not upset about people taking my picture. I'm upset about the fact that it's a violation of my court order.
And I just happened to be in-between those two things. Isn't that unusual?
Next time, take a picture of the clock.
The problem is, we've been through this once before, haven't we?