Bloggers not journalists, Peoria judge says

PEORIA -- A Peoria County juvenile court judge, Albert Purham, Jr., would not allow a blogger, Elaine Hopkins for Peoriastory.com, to observe and cover a July 25 juvenile court hearing. He ruled that a blogger is not a journalist under Illinois law.

Juvenile court is closed to the public in Illinois, but by law is open to journalists.

Operating a a "so-called blog" doesn't make the person a journalist, Purham said.

Before the ruling he consulted the lawyers in the courtroom. A lawyer for the parent in this child welfare case had no objection, and her client, Lorraine Singleton who lost her children in 2003 and is trying to get them back, also had no objection.

But assistant state's attorney Susan Lucas objected, as did an unidentified female lawyer apparently representing the Illinois Department of Children and Family Services.

An explanation that Peoriastory.com has operated since February 2007, has business cards, and is run by Hopkins, a former newspaper reporter known to court personnel, did not sway the judge.

Singleton is the daughter of Crystal Clark, who has protested DCFS policies that she says allowed her two young grandchildren to be abused in foster care. (See story below on Clark.)

Clark conducted a sit-in on the courthouse sidewalk beginning on July 23, and refused both food and water for more than 24 hours. Apparently she has called it off, since she was not outside on July 25, and could not be reached for comment.

Clark said Singleton wanted the judge at her hearing to allow her to become a CASA client, in hopes of regaining her children. CASA is an acronym for Court Appointed Special Advocates for Children.

The juvenile court system is closed to the public ostensibly to protect the privacy of the children and their families. But in reality the secrecy also allows these courts to operate without any public oversight.

Journalists rarely cover these cases, because most are not newsworthy. They are of interest only to family members who already know about the situation, but they are barred from the courtroom and cannot see the justice system in operation.

The issue of whether bloggers are journalists is evolving throughout the U.S.

--Elaine Hopkins

COMMENT: via email, 7/27/07: "What a shame the judge did not treat you as a journalist. At a time that people are getting much information from bloggers and bloggers are initiators of news stories (e.g. the blogger who reported the "macaca" remark), it is a shame that the judge didn't recognize your journalistic credentials. Essentially the judge is allowing the corporate media to be the only news game in town. Now that is a shame. The corporate media certainly did a poor job of news coverage when it came to the war on Iraq.

Terri Brink"

UPDATE: 7/27/07 -- WHOI-TV did a story on this issue which includes a comment by Chief Circuit Judge Rick Grawey.

Peoria Pundits also has covered the issues, and has links as well to extensive comments on other sites. See especially Capitol Fax.

Peoria Chronicle has local comments.

UPDATE: 7/30/07 -- WHOI-TV did a piece on the issue, with comments.

The Chicago Daily Law Bulletin also did a story. A subscription is required to read the full story.

UPDATE: 8/9/07 -- Journal Star columnist Pam Adams has written a powerful column on access to the juvenile courts.