¶1concurring. This concurring opinion is written to discuss an erroneous ruling, and, at the same time, to give notice to any new trial judge who might not be familiar with the rule concerning cameras and recording devices in the courtroom.
¶2This case involves a sentence of life imprisonment. In cases of life sentences we must examine the record in accordance with Ark. Sup. Ct. R. 4-3(h) to determine if there are rulings adverse to the appellant which require reversal. In examining this record it is clear that a video camera was allowed to operate in the courtroom during the trial over appellant’s objection. The trial court stated that the camera was set up in such a way that it would not cause a distraction and overruled the objection. The ruling was patently in error.
¶3In 1980, in Canon 3(A)(7)(b) of the Arkansas Code of Judicial Conduct, we authorized, with many limitations, the broadcasting, recording, or photographing of trials, provided, among other things, “all parties and attorneys, whether depicted or not, and all witnesses that may be depicted or recorded have given written consent; the jurors shall not be depicted nor recorded.” See In re: Petition of Arkansas Bar Ass’n, 271 Ark. 358, 362, 609 S.W.2d 28, 30 (1980).
¶4Two years later, in Ford v. State, 276 Ark. 98, 633 S.W.2d 3 (1982), we issued a clear caveat about violation of this Canon. We wrote:
[Safeguards have been adopted by Canon 3(A)(7) of the Code. A willful disobedience of this Canon would, no doubt, be dealt with in an appropriate manner which could go so far as to cause a retrial of the case or result in other action by this court. Since the trial of the appellant had been completed [when a camera was allowed] and the only thing left to do was to sentence him and only one sentence was to be imposed, we cannot hold that there was any prejudice to the appellant as a result of coverage by the media without prior approval.
¶5Id. at 111-12, 633 S.W.2d at 11.
¶6In 1982 we modified the Canon to eliminate the requirement of a written consent of all the parties, see In re: Modification of the Code of Judicial Conduct Relating to Broadcasting and Photographing Court Proceedings, 275 Ark. 495, 628 S.W.2d 573 (1982). In conjunction with that change, Canon 3(A)(7) was amended to read as follows:
A judge may authorize broadcasting, recording, or photographing in the courtroom and areas immediately adjacent thereto during sessions of court, recesses between sessions, and on other occasions, provided that:
(a) the participants will not be distracted nor will the dignity of the proceedings be impaired;
(b) an objection timely made by a party or attorney shall preclude broadcasting, recording or photographing of the proceedings; and, an objection timely made by a witness who has been informed of the right to refuse such exposure, shall preclude broadcasting, recording or photographing of that witness;
(c) the broadcasting, recording or photographing of any court proceeding will be in compliance with the rules adopted by the Arkansas Supreme Court;
(d) trials in juvenile court or concerning adoptions, guardianships and domestice relations shall not be subject to broadcasting, recording or photographing.
¶7Ark. Code of Judicial Conduct Canon 3(A)(7) (1993).
¶8In Jim Halsey Co. v. Bonar, 284 Ark. 461, 683 S.W.2d 898 (1985), we issued yet another warning. We wrote:
The appellant acquiesced in the trial judge’s ruling by failing to make further objections during the course of the trial. In this instance, the error was rendered harmless. The bench and bar should be on notice however that his court will closely scrutinize any further violation of this rule.
¶9Id. at 471, 683 S.W.2d at 905.
¶10In a supplemental opinion we wrote:
Had the record in this case hinted of any prejudice to the appellant by the presence of cameras within the courtroom, reversal would be in order. Absent any prejudice, to reverse and remand as punishment to the trial court would not justify the time and expense for all parties and the court system to relitigate this matter.
¶11Jim Halsey Co. v. Bonar, 284 Ark. 461, 473-B, 688 S.W.2d 275, 276 (1985) (supplemental opinion denying rehearing) (emphasis added).
¶12The Canon has now become a part of the Administrative Rules. It is styled Administrative Order #6 and will be located in the “Court Rules” volume of the Arkansas Code Annotated as an appendix to the Arkansas Rules of Civil Procedure.
¶13Under the rule, if a party objects, the trial judge must prohibit the recording or broadcasting of the trial. A fair trial without undue distractions is the paramount objective. In addition to the parties, the witnesses are given standing to object, and when a witness does so, the broadcasting or photographing must be prohibited. To rule otherwise might deprive the parties of the unhindered testimony of witnesses who might be reluctant to have their picture transmitted by television. Some confidential informants would easily come within this group. Jurors represent an even different interest. Jury service is a duty of citizenship, and many citizens are reluctant to serve, especially in cases involving habitually dangerous criminals, mob or gang members, or in cases they find personally embarrassing, such as deviate sexual activity cases. Jurors serve because the State asks them as good citizens to judge facts involving their peers. That is enough. They should not additionally be subjected to worries or embarrassment that might come about by having their pictures transmitted by television or published in newspapers.
¶14Trials in juvenile court or cases concerning adoptions, guardianships, or domestic relations are never subject to broadcasting, recording, or photographing.
¶15In the case at bar, following jury selection, appellant’s counsel objected to the videotaping of the trial by stating that he felt the presence of the camera in the courtroom would constitute a distraction to the jury and interfere with the fair administration of justice. The trial court erroneously overruled the objection. However, counsel did not make a sufficient record for reversal. We are not told whether the jurors were photographed, whether some or all of the witnesses were photographed, whether the videotaping was limited to counsel and the trial judge, or whether the camera did in fact cause a distraction. The record simply is insufficient to show any prejudice to the appellant. As we said in the supplemental opinion in Jim Halsey Co. v. Bonar, under these circumstances we will not reverse and remand solely as punishment to the trial court. 284 Ark. at 473-B, 688 S.W.2d at 276. Since appellant has not shown that he was harmed by the erroneous ruling, I join the majority in affirming the judgment of conviction.