Murdaugh trial judge gave preference to news media that covered case consistently; press-group lawyer was liaison

Jay Bender with University of South Carolina journalism
students outside the Murdaugh trial (Photo by Teri Saylor)

Coverage of the sensational murder trial of Alex Murdaugh in Walterboro, S.C., which ended with sentencing today, was aided by Jay Bender, general counsel for the South Carolina Press Association, who was the liaison between Superior Court Judge Clifton Newman and the news media, Teri Saylor reports for Publishers' Auxiliary, the monthly newspaper of the National Newspaper Association.

Bender credited Newman "for drafting rules favoring broad cover­age of the Murdaugh trial," Saylor reports. Bender told her, "Judge Newman's instinct to have the court open and his understand­ing of the role the press plays in acting as surrogates for the public who can't be there in person has been key to a process that has gone relatively smoothly." 

Newman banned "electron­ics, including laptops, cellphones and even smart watches," Saylor reports, in a story written while the trial was going on. "Purses and bags must be clear plastic, and everyone enters the courthouse through a security checkpoint. Bender ordered old-school reporter notebooks printed up with a playful message to remind reporters of the rules."  

Bender's notebook reminder (Photo by Teri Saylor)

The cover read, "You have entered the no phone zone. #LeaveitAtHome," and included Bender's name and phone number. 

The trial in the town of 5,400 (seat of Colleton County, pop. 39,000) drew about 50 media representatives, "with 18 permanent media passes available and four issued by lottery," Saylor reports. "In allocating press passes, Judge Newman prioritized media outlets that have been covering Murdaugh consistently, with local newspapers at the top of the list."

"Sometimes I feel like Ticketmas­ter before a Taylor Swift concert," Bender told Saylor. 

"Behind the scenes, Bender mon­itors public access to evidence and court exhibits. Autopsy photos and images of the murder victims are sealed," Saylor writes. "Bender credits Judge Newman for recognizing the value of public access to courts."

Bender said, "This judge understands in South Carolina we have public trials and a constitutional provision that courts are public," Bender said. "He also understands that for the public to have confidence in the court system, they must have access to it." 

"Bender warns reporters against aggressively asserting their status as members of the press when it comes to court access," Saylor reports, quoting him: "Officials who wear black robes understand media privilege some­what differently, and there are some judges who wouldn't want a cam­era within a hundred miles of this courthouse."

Saylor concludes, "For reporters who want to cover court proceedings in their commu­nities, even for the routine proceed­ings, reporters should read the rules established in their state for court coverage, including using cameras, and begin the process of gaining access well in advance. That process could include communicating with the clerk of court, the presiding judge, law clerk and filling out any required forms."

"Always remember the goal in court is not to make the reporter's life easier," Bender todl Saylor. "The goal is to have a fair trial for the defendant."