My local county is currently in a dispute with the local bar association because they want to upgrade the courthouse security cameras and the sheriff wants to add audio capabilities. This includes to parts of the building just outside the courtroom that counsel will frequently use for brief asides with their clients (due to lack of other private rooms). The county seems to favor adding the microphones and pinky swearing they won't use them and that public records requests won't be used to listen in on privileged communication, but it's obvious how difficult that would be to trust. They keep putting off a decision because they don't want to piss off the lawyers.
It is basically an unfair advantage, even if inadmissible in court. The state can find more facts even in illegal ways; and this assuming the government is fair rather than criminal. I have a hard time trusting governments who mistrust the public.
There should be no safety reason to require audio. The only reason for audio is later use for prosecution.
It's not just that they don't want to piss off the lawyers. If they don't provide a private location, then they may be forced to take continuances and recesses so those conversations can happen elsewhere as a condition of not infringing on the constitutional right to effective counsel.
Might be quicker to detect disturbances using audio too rather than video only, think of ShotSpotter. Sounds made up though and probably either a way to spy or chill speech.
What's the security reason they need this? How many times has a security camera failed to do its job because it didn't have audio? What crimes do they thing they are going to solve? Are people breaking into the courthouse wearing masks but screaming their own names?
I think one problem is, almost all security cameras are sold with audio these days. If the cameras have a mic, telling people "Oh, we turned the mic off in each camera" or "We don't record the audio" isn't very helpful.
There’s another problem with this because a camera with a mic cable cut would look from the outside exactly like a camera with mic cable intact, and maintenance is a thing, so eventually it’s bound to be replaced by a camera with a working mic either by mistake or “by mistake” on purpose. There’s a trust issue here since people who would be affected by the presence of a mic won’t be able to easily visually verify that it’s disabled.
I assume the sheriff would be totally fine with putting up signs in that area saying "audio and video recording in progress" then right? That would somewhat address the issue, and should be entirely uncontroversial to both sides.
That doesn't sound like a good compromise at all. First practically speaking, you can't just leave the court building to discuss with your client if they're in chains, and it's super inconvenient based on the layout of many courts. Second, this becomes the excuse for adding audio and video surveillance everywhere, with the excuse that you know about it, so it's okay. Third, considering audio can pick up things like jokes, irrational things said in anger, or just one's mumblings to oneself, it very quickly becomes the excuse to haul in anyone you don't like by misconstruing their words. The fact that it was brought by law enforcement tells you they are looking to use it against people.
It's so fundamentally terrifying that someone would consider that "totally fine".
Prosecutors will take breaks in their offices within the same building while the defense has to leave the building in order to have a private conversation, that sounds totally fair and reasonable.
The whole point of contention is that one of the spaces is, effectively, the only convenient places to have a quick, heretofore private, conversation. No one is confused over where the things are.
There are times when I want to argue that the solution is to make the question one of truth rather than guilt or innocence, but any solution runs up against human nature, my first experience of which was when playing sports and being told by my team mates that I should state that the ball fell on the side of the line which was advantageous to the team, rather than where it actually fell.
There's no leadership to curtail asinine behavior. Instead of forces of nature to strengthen the status quo of freedom, we get lowly politicians. Judges end up having to do all the work.
