Douglas County District Court Judge Paula Martin on Wednesday stood by her earlier order prohibiting a Lawrence Journal-World artist from sketching a juvenile witness in the Martin Miller murder trial. The sketch artist also was told by the court that no sketches of the witness should be published.

During a special hearing, Martin turned aside arguments by a Journal-World attorney that state and local rules do not prohibit courtroom sketching.

Gerald L. Cooley, the attorney, said the rules define media coverage to include only audio recording, still photography, television photography or videotaping of court proceedings. It does not apply to sketch artists, he said.

But Martin said she believed the intent of the court rules was to prevent any likenesses of certain witnesses to be made and published – even though sketching isn’t specifically prohibited.

“Nobody ever thought of this issue before,” Martin said, adding that she didn’t recall any instances of sketch artists being used in her courtroom or in Douglas County District Court in the past decade.

The Journal-World last used a sketch artist for the June 2003 murder trial of Damien Lewis. District Judge Michael Malone presided over that case. Malone placed no restrictions on the artist.

Wednesday’s hearing was sought by The World Company, owner of the Journal-World and Sunflower Broadband, after Martin ordered its artist to stop sketching Miller’s daughter, Melodie Miller, 14, during testimony Tuesday.

Miller is accused of killing his wife, Mary, last summer.

Miller’s attorney, Mark Manna, said the guardians of Melodie Miller and her brother, Matthew Miller, 12, had requested the children not be photographed or recorded during the trial. Martin had already prohibited television and newspaper photographers from being in the courtroom.

Martin noted that the law specifically allows judges to prohibit certain trial witnesses, such as undercover law enforcement officers and juveniles, from being photographed.

She questioned why the Journal-World would want to sketch and publish images of the children.

“What is the intent or the need to publish sketches?” Martin asked.

Cooley described The World Company’s challenge to Martin’s ruling as an “automatic reaction” in defense of the First Amendment’s freedom of the press.

“They have the right to do it without explaining why,” Cooley said. “The question is, as a matter of law, do they have a right to do that? The question of the kids’ privacy is an entirely different issue which we’re all mindful of.”

Douglas County Dist. Atty. Charles Branson told the judge he believed the juveniles have a right to privacy.

Journal-World Managing Editor Dennis Anderson said the question was prior restraint, not the children’s privacy.

“Whether or not the sketches of the children would be published or aired is not the issue,” Anderson said after the hearing. “We were trying to prevent the court from exercising prior restraint against the media.”

No editorial decision by the Journal-World about use of the sketches had been made before the judge had the bailiff step in and stop the artist on Tuesday.

During Wednesday’s trial testimony, Matthew Miller was called as a witness and was sketched by the artist without interference from the judge.

But Cooley said that no sketches of the children would be published unless authorized by a higher court.