Cameras in the Court: A State-By-State Guide
�
Alabama
Trial and appellate courtroom
coverage is permissible if the Supreme Court of Alabama has approved a plan for
the courtroom in which coverage will occur. The plan must contain certain
safeguards to assure that coverage will not detract from or degrade court
proceedings, or otherwise interfere with a fair trial. If such a plan has been
approved, a trial judge may, in the exercise of “sound discretion” permit
coverage if: (1) in a criminal proceeding, all accused persons and the
prosecutor give their written consent and (2) in a civil proceeding, all
litigants and their attorneys give their written consent. Following approval of
their coverage plans, appellate courts may authorize coverage if the parties
and their attorneys give their written consents. In both trial and appellate
contexts, the court must halt coverage during any time that a witness, party,
juror, or attorney expressly objects. In an appellate setting, it must also
halt coverage during any time that a judge expressly objects to coverage.
Authority: Canon
3A(7), 3A(7A), and 3A(7B), Alabama Canons of
Judicial Ethics, Ala. Code, Vol. 23A (Rules of
Alabama
Supreme Court).� (http://judicial.alabama.gov/library/rules/can3.pdf)
Alaska
The news media, which includes the
electronic media, still photographers and sketch artists, may cover court
proceedings in all state trial and appellate courts. Administrative Rule 50
permits media coverage anywhere in the state court facility and is not limited
to courtrooms, but to cover a proceeding the media must apply for and receive
the consent of the presiding judge. Requests for coverage must be made 24 hours
prior to the proceeding, and applications that are timely filed are deemed to
have been approved, unless otherwise prohibited. The consent of all parties is
required for coverage of divorce, dissolution of marriage, domestic violence,
child custody and visitation, paternity or other family proceedings.
Jurors may not be photographed,
filed or videotaped in the courtroom at any time. Victims of a sexual offense
may not be photographed, filmed, videotaped or sketched without the consent of
the court and the victim. A procedure is prescribed for suspension of an
individual’s or an organization’s media coverage privileges for a period of up
to one year for violation of the media coverage plan.
Authority: Rule 50, Rules Governing the Administration
of All Courts, Alaska Rules of Court (West).
Arizona
Electronic and still photographic
coverage of ”proceedings conducted by a judicial officer” is permitted,
provided the media follow certain guidelines that set forth rules for coverage.
Although judges have discretion to limit or prohibit such coverage, they may
only do so where the likelihood of harm outweighs the public benefit.� Media may also use personal audio recording
devices, provided that the audio recording does not create a distraction in the
courtroom. The photographing of jurors in a way that permits them to be
recognized is strictly forbidden. Requests for coverage should be made to the
judge of the particular proceeding at least two days in advance of the
sought-after coverage event, unless said event is scheduled on less than three
days notice. Only one television and one still camera is allowed in the
courtroom at one time, and the media are responsible for arranging pooling
agreements. No flash bulbs or additional artificial lights of any kind are
allowed in the courtroom without the notification and approval of the presiding
judge.
�
Oral arguments before the Arizona
Supreme Court are available by webcast.
Authority: Rule
122, Rules of the Arizona Supreme Court, Ariz. Rev. Stat., Vol. 17A. (http://www.azcourts.gov/mediaroom/camerasincourt.aspx)
Webcast: Arizona Supreme Court (http://www.azcourts.gov/AZSupremeCourt/LiveArchivedVideo.aspx)
Arkansas
A judge may authorize broadcasting,
recording, or photographing in the courtroom and adjacent areas provided that
“the participants will not be distracted, [n]or will the dignity of the
proceedings be impaired.” An objection to the coverage by a party or attorney
precludes media coverage of the proceedings and an objection by a witness
precludes coverage of that witness. Coverage of juvenile, domestic relations,
adoption, guardianship, divorce, custody, support and paternity proceedings is
expressly prohibited. Similarly, coverage of jurors, minors without parental or
guardian consent, sex crime victims, undercover police agents and informants is
also prohibited. Only one television and one still camera is allowed in the
courtroom at one time and the media are responsible for arranging pooling
agreements. If the court already has broadcasting equipment, it shall be used
unless other arrangements are necessary.�Use of electronic devices without permission of the court is prohibited,
including for e-mail, blogging, and tweeting.
Authority: Administrative
Order Number 6, Rules of Civil Procedure - Appendix, Arkansas Code of 1987 Annotated (Court
Rules) (http://courts.arkansas.gov/rules/admin_orders_sc/index.cfm#6).
California
Media coverage of State Court
proceedings is governed by Rule 1.150 of the California Rules of Court.
Personal recording devices may be used with advance permission of the judge for
personal note-taking only. Media coverage is permitted by written order of the
judge following a media request for coverage filed at least five court days
before the proceeding to be covered. Any such requests must be made on the
official form provided by the courts. Coverage of jury selection, jurors,
spectators, proceedings held in chambers, proceedings closed to the public or
conferences between an attorney and a client, witness or aide, between
attorneys or between counsel and the judge is prohibited. Only one television
and one still camera is allowed in the courtroom at one time and the media are
responsible for arranging pooling agreements.
Effective January 1, 1998, Rule 4.1
restricting media coverage within the courthouse unless specifically authorized
by the presiding judge was added to the Los Angeles County Superior Court
Rules. This rule also prohibits the filming or photographing of any person
wearing a juror badge in the court.
The Supreme Court of California
webcasts oral arguments from selected cases.
Authority: Rule 1.150, California Rules of Court;Rule 4.1 Los Angeles County Superior Court
Rules (West) (http://www.lasuperiorcourt.org/courtrules/CurrentCourtRulesPDF/Chap4.pdf�).
Webcast: Supreme Court of California
(http://www.courtinfo.ca.gov/courts/supreme/audio-arch.htm)
Colorado
Supreme Court Rules, Chapter 38,
Rule 2 provide judges with the authority to authorize expanded media coverage
of court proceedings, subject to several guidelines. Judges have the power to
prohibit expanded media coverage upon a finding of substantial likelihood of
interference with a fair trial, a reasonable likelihood that coverage will detract
from the solemnity, decorum, or dignity of the court, or that coverage will
create unique, adverse effects., or harm which is distinct from that caused by
coverage by other types of media. Those wishing to cover a particular
proceeding must submit a written request to do so to the presiding judge at
least one day in advance of the proceeding desired to be covered and must give
a copy of the request to the counsel for each party participating in the
proceeding. Coverage of jury selection, in camera hearings and most pre-trial
hearings is prohibited. No close-up photography of the jury, bench conferences
or attorney-client communication is permitted. Consent of the participants is
not required. The judge may also terminate coverage if the terms of the rules or
additional rules imposed by the Court have been violated. Only one still and
one video camera operator (with up to two cameras, at the judge’s discretion)
are allowed in the courtroom at one time.�The camera operator may use a tripod but may not change positions while
the court is in session. The media are responsible for arranging pooling
agreements.
Authority: Colorado
Supreme Court Rules, Chapter 38, Rule 2
(http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2010/2010(14)%20strike%20and%20add.doc).
Connecticut
Sections 70-9 and 70-10 of the Rules
of Appellate Procedure (governing media coverage in the Appellate and Supreme
Courts) and Sections 1-10 and 1-11 of the Rules for the Superior Court
(governing coverage in trial courts) permit the coverage of judicial
proceedings under specific circumstances.
All proceedings of the supreme and
appellate courts are presumed to be open to coverage by camera or electronic
media.� The panel of jurists can only
limit or preclude coverage if “there is good cause to do so, there are no reasonable alternatives
to such limitations, and the limitation is no broader than necessary to protect
the competing interests at issue.”� When
the panel of jurists does limit or preclude coverage it must provide a
statement of its reasons.� The
presumption in favor of coverage does not apply to sexual offense cases or
family relations matters.�
�
The trial courts distinguish between
criminal and civil cases.� For criminal
cases, those wishing to cover a particular proceeding must submit a written
request to do so at least three days prior to the commencement of the trial to
the administrative judge of the judicial district where the case is to be
tried. Coverage of family relations matters, trade secrets cases, sexual
offense cases, and cases otherwise closed to the public are prohibited. Sentencing
hearings may only be covered if the trials are covered.� Media are generally allowed to cover civil
proceedings.� The judicial authority can
only limit or preclude coverage if “there exists a compelling reason to do so, there are no
reasonable alternatives to such limitation or preclusion, and such limitation
or preclusion is no broader than necessary to protect the compelling interest
at issue.” �In jury trials, no coverage of proceedings
held in the jury’s absence is permitted. Photographing or televising individual
jurors is prohibited, and where coverage of the jury is unavoidable, no
close-ups may be taken.
�
As of Jan. 1, 2008, Connecticut has adopted
a pilot program in the Hartford Judicial District’s Superior Court permitting
coverage of criminal proceedings and trials.�The judicial authority can only limit or preclude coverage if “there exists a compelling reason
to do so, there are no reasonable alternatives to such limitation or
preclusion, and such limitation or preclusion is no broader than necessary to
protect the compelling interest at issue.”
Authority: §§ 70-9
(http://www.jud.ct.gov/Publications/PracticeBook/PB_2011.pdf#page=454),70-10 (http://www.jud.ct.gov/Publications/PracticeBook/PB_2011.pdf#page=455),
Rules of Appellate Procedure; §§ 1-10 (http://www.jud.ct.gov/Publications/PracticeBook/PB_2011.pdf#page=107),1-11 (http://www.jud.ct.gov/Publications/PracticeBook/PB_2011.pdf#page=108),
Rules for the Superior Court, Connecticut Rules of Court (West); Criminal Court
Pilot Program Information Page (http://www.jud.ct.gov/Criminal_Court_Pilot.htm).
Delaware
Rule 53 of the Delaware Superior
Court Criminal Rules, Rule 53 of the Delaware Family Court Criminal Rules, and
Rule 53 of the Criminal Rules of Delaware Courts of Justices of the Peace
forbid coverage. By order dated April 29, 1982, the Delaware Supreme Court
issued guidelines for its one year appellate experiment. Under those
guidelines, coverage is permissible so long as it does not impair or interrupt
the orderly procedures of the Court. Consents of the parties are not required.
This experiment was extended indefinitely by order of the Delaware Supreme
Court, dated and effective May 2, 1983.
On April 5, 2004, the Delaware
Supreme Court issued its Administrative Directive No. 155, which established a
six-month trial court experiment, which was originally scheduled to end on
October 15, 2004. In this experiment, media coverage was permitted in the
Sussex Court of Chancery, and courtrooms in New Castle,
Kent and Sussex Counties.
Broadcast of non-confidential, non-jury, civil proceedings was permitted.
Administrative Directive No. 155 was
amended on October 25, 2004, and the experiment was extended until May 16,
2005. On November 29, 2005, Administrative Directive No. 155 was again amended,
this time extending the experimental period indefinitely.
The Delaware Supreme Court webcasts
audio from selected cases.
Authority: Rules of the Delaware
Supreme Court, Del. Code, Vol. 16; Rule 53, Delaware Family Court, Criminal
Rules, Del. Code, Vol. 16; Rule 53, Delaware Superior Court Criminal Rules,
Del. Code, Vol. 17; Rule 31, Delaware Courts of Justices of the Peace, Criminal
Rules, Del. Code, Vol. 16. See also Rule 169, Rules of the Delaware Court of
Chancery, Del. Code, Vol. 17 (as modified by above-referenced orders).
Authority: Court Rules; Administrative
Directive 155 (http://courts.delaware.gov/Supreme/AdmDir/ad155.pdf);Administrative Directive 155, second
revision (http://courts.delaware.gov/Supreme/AdmDir/ad155_2ndrev.pdf)
Webcast:
Delaware
Supreme Court (http://courts.delaware.gov/Courts/Supreme%20Court/?audioargs.htm)
District
of Columbia
Rule 53(b) of the Superior Court
Rules of Criminal Procedure, Rule 203(b) of the Superior Court Rules of Civil
Procedure, Superior Court Juvenile Proceedings Rule 53(b), and Superior Court
Domestic Relations Rule 203(b) forbid the taking of photographs, or radio or
television broadcasts of trial proceedings. That said, in certain
circumstances, photography may be permitted under Juvenile Court Rule 53(b)(2)
or Criminal Court Rule 53(b)(2), which permits photography “in any office or
other room of the courthouse” upon the consent of the person in charge of the
office or room and the person or people being photographed.
Coverage is also prohibited in Appellate
proceedings.
Authority: District of Columbia Superior
Court Rules (http://www.dccourts.gov/dccourts/superior/admin_orders/rules.jsp);
Superio Court Rules of Criminal Procedure 53(b) (http://www.dccourts.gov/dccourts/docs/CriminalRules.pdf);
Rule 203(b) of the Superior Court Rules of Civil Procedure (http://www.dccourts.gov/dccourts/docs/SUPERIOR_COURT_RULES_OF_CIVIL_PROCEDURE_090707.pdf),
Superior Court Juvenile Proceedings Rule 53(b) (http://www.dccourts.gov/dccourts/docs/order09-05.pdf),
and Superior Court Domestic Relations Rule 203(b).
Webcast: D.C. Court of
Appeals (recordings available upon request)
Florida
Under the header “Electronic and
Still Photography Allowed,” Florida
permits electronic media and still photography coverage of proceedings in both the
appellate and trial courts, subject only to the authority of the presiding
judge, who may prohibit coverage to control court proceedings, prevent
distractions, maintain decorum, and assure fairness of the trial. Exclusion of
the media is permissible only where it is shown that the proceedings will be
adversely affected because of a “qualitative difference” between electronic and
other forms of coverage. Florida v. Palm Beach Newspapers, 395
So. 2d 544 (1981). At least one
television camera operated by one photographer and no more than two still
cameras operated by one still photographer are allowed in trial and appellate
courtrooms at one time. The media are responsible for arranging pooling
agreements.
Proposed Rule 2.451 would prohibit
the use of electronic devices by jurors and other persons whose use is
disruptive to the judicial proceeding.
The Florida Supreme Court provides
live and archived webcasts.
Authority: Rule
2.450
(http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/F854D695BA7136B085257316005E7DE7/$FILE/Judicial.pdf?OpenElement), Rules of Judicial Administration,
Florida Rules of Court (West) (2009).
Webcast: Florida Supreme Court
(http://www.wfsu.org/gavel2gavel/index.php)
Georgia
Rule 10.10 of the Probate Court
Rules, Rule 11 of the Magistrate Court Rules, Rules 26.1 and 26.2 of the
Juvenile Court Rules, and Rule 11 of the Municipal Court Rules provide
guidelines for extended media coverage of those judicial proceedings. If the
court elects to grant approval for expanded media coverage of a proceeding, it
must be “without partiality or preference to any person, news agency, or type
of electronic or photographic coverage.” Those requesting coverage in these
proceedings must file a “timely written request” on a form provided by the
court with the judge involved in the specific proceeding prior to the hearing
or trial. The judge, at his or her discretion, may allow only one television or
still photographer in the courtroom at any one time, thereby requiring a
pooling arrangement. Any additional lights or flashbulbs must be approved by
the judge beforehand. Lastly, under the Juvenile Court Rules, pictures of the
child in juvenile proceedings are expressly prohibited.
The Superior Court’s Rule 22, in
additional to the above requirements, prohibits photographing or televising
members of the jury, unless “the jury happens to be in the background of the
topics being photographed.”
In the Court of Appeals, written
requests for coverage must be submitted at least seven days in advance.
Further, radio and television media are required to supply the Court with a
video or audio tape, respectively, of all proceedings covered. Only one “pooled”
television camera with one operator and one still photographer, with not more
than two cameras, is allowed in the courtroom at any one time.
In the Supreme Court, coverage is
allowed without prior approval from the Court and the Supreme Court retains
exclusive authority to limit, restrict, prohibit and terminate coverage. No
more than four still photographers and four television cameras will be
permitted in the courtroom at any time. All television cameras are restricted
to the alcove of the courtroom, while still photographers may sit anywhere in
the courtroom designated for use by the public.
Authority: Rules 75-91, Supreme Court Rules; Rules 26.1
and 26.2,
Juvenile Court Rules; Rule 10.10,
Probate Court Rules; Rule 11,
Magistrate Court Rules; Rule 22, Superior
Court Rules; Rule 11 of the Municipal Court Rules;Georgia
Rules of Court Annotated (West).
Hawaii
Electronic media and still
photography coverage of proceedings are allowed in both the appellate and trial
courts. Consent of the judge prior to coverage of a trial proceeding is
required, but prior consent of the judge is not required for coverage of
appellate proceedings. The judge may rule on the request orally and on the
record or by written order if requested by any party, but shall make written
findings of fact and conclusions of law if coverage is denied. A request for
coverage will be granted unless good cause is found to prohibit it. Good cause
for denying coverage is presumed to exist when the proceeding is for the
purpose of determining the admissibility of evidence, when child witnesses or
complaining witnesses in a criminal sexual offense case are testifying, when
testimony regarding trade secrets is being given, when a witness would be put
in substantial jeopardy of bodily harm, or when testimony of undercover law
enforcement agents involved in other ongoing undercover investigations is being
received. Coverage of proceedings which are closed to the public is prohibited.
These proceedings include juvenile cases, child abuse and neglect cases,
paternity and adoption cases, and grand jury proceedings. Coverage of jurors or
prospective jurors is prohibited. Only one television camera and one still
photographer, with not more than two still cameras are allowed in the courtroom
at one time (although the judge may allow more at his/her discretion) and the
media are responsible for arranging pooling agreements.
The Hawaii Supreme Court webcasts
audio of oral arguments.
Authority: Rules 5.1, 5.2,
Rules of the Supreme Court, Hawaii
Court Rules (West), see Hawaii Media
Guidelines (http://www.courts.state.hi.us/news_and_reports/media_guidelines/cameras_and_audio_equipment.html)
Webcast: Hawaii Supreme Court
(http://www.courts.state.hi.us/page_server/Courts/Oral%20Arguments/5641B568B0CB479D111C438392C.html)
Idaho
Rule 45 of the Idaho Court
Administrative Rules (ICAR) allows extended coverage of all public proceedings,
provided permission to cover a proceeding is obtained in advance from the presiding
judge, and ICAR Rule 46 provides guidelines for the use of cameras in appellate
proceedings.
In trial courts, the presiding judge
may prohibit coverage or order that the identity of a participant be concealed
when such coverage would have a substantial adverse effect upon that
participant. Coverage of the jury, adoptions, mental health proceedings and
other proceedings closed to the public is prohibited. Permission to photograph
or broadcast a proceeding must be sought, in advance, from the presiding judge.
Electronic flash or artificial lighting is prohibited, and the television
camera may not “give any indication of whether it is operating”. Only one still
photographer and one camera operator is permitted in the courtroom, and any
pooling arrangements must be made by the media.
Pursuant to ICAR Rule 46(a), cameras
may be set up or taken down in the press box overlooking the Supreme Court
Courtroom as long as they do not distract from the judicial proceedings.� Flash photography or the use of additional
lighting for video photography is prohibited. The court will provide an audio
feed for television cameras and audio recorders, but no separate microphones
may be used.
Authority: Rules 45 & 46, Idaho Court Administrative Rules.
Illinois
Illinois Revised Statutes, Chapter
735, § 8-701 specifies that no witness will be compelled to testify in any
court in the State if any portion of his testimony is to be covered. Rule
63(A)(7) allows coverage pursuant to an order of the Illinois Supreme Court,
while coverage of trial court proceedings is prohibited. For coverage of
appellate proceedings, consents are not required, although the judge or
presiding officer, with good cause, may prohibit or terminate coverage at any
time. Those wishing to cover a particular proceeding must notify the
appropriate clerk of the court not less than five “court” days prior to the
date the proceeding is scheduled to begin. Only one television camera operated
by one camera person and two still cameras operated by one camera person are
permitted in the courtroom at any one time. Artificial lighting of any kind is
not allowed, and the media are responsible for any pooling arrangements.
The Illinois Supreme Court provides
webcasts of oral arguments.
Authority: Rule 63(A)(7),
Rules of the Illinois Supreme Court(2000); Chapter
735, § 8-701, Illinois Compiled Statutes Annotated(2000) (http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+VIII&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=30741&SeqStart=54400000&SeqEnd=65500000&ActName=Code+of+Civil+Procedure%2E); Supreme Court Orders of November
29, 1983 and January 22, 1985.
Webcast: Illinois Supreme Court
(http://www.state.il.us/court/Media/On_Demand.asp)
Indiana
Extended media coverage of oral
arguments before the Indiana Supreme Court is allowed. Requests for coverage
are to be made at least 24 hours prior to the start of the proceeding.
Beginning September 1, 1997 and
continuing indefinitely, the Indiana Court of Appeals will allow extended media
coverage of its proceedings. Requests for coverage are to be made at least 48 hours
prior to the start of the oral argument.
Indiana Code of Judicial Conduct
Rule 2.17 prohibits that use of video equipment in courtrooms or areas adjacent
thereto.� In 1997, the Indiana Supreme
Court authorized a pilot project for video and audio coverage of proceedings in
certain Indiana
courtrooms. The program permitted certain trial judges to consent to media
coverage, subject to certain restrictions (no coverage of police informants,
undercover agents, minors, victims of sexual offenses, jurors, witnesses at
sentencing hearings, bench conferences, attorney-client communications, and
conversations among counsel).� On
December 31, 2007, the pilot project ended with fewer than 10 test cases.
The Indiana Supreme Court provides
webcasts of oral arguments, with archives from 2001.
Authority: Indiana Code of Judicial Conduct Rule 2.17;
Order Nos. 94S00-9901-MS-59, 94S00-0605-MS-166,
and 94S00-9705-MS-290
(http://www.in.gov/judiciary/appeals/docs/scorder-mediacoa-11231998.pdf)
Court of Appeals
Media Guidelines
Webcast: Indiana Supreme Court
(http://www.indianacourts.org/apps/webcasts/)
Iowa
Extended media coverage, defined as
“broadcasting, televising, electronic recording, or photographing of judicial
proceedings for the purpose of gathering and disseminating news to the public, ”is
generally permitted upon application to the presiding judge.” �A media coordinator shall inform counsel and
the judge of a request for coverage at least 14 days in advance of the
proceeding.� Iowa’s rules require that permission for
extended media coverage be granted, unless the coverage will interfere with the
rights of the parties or a witness or party provides a good cause why coverage
should not be permitted. In certain types of proceedings, such as sexual abuse trials,
witness or party consent is required.
Extended media coverage is not
permitted, however, during jury selection or if a private proceeding is
required by law. Prolonged or unnecessary coverage of jurors should be
prevented to the extent practicable.
Written requests to use photographic
equipment, television cameras, etc. must be made, in advance to the Media
Coordinator, and equipment must meet certain specifications. Flash photography
and other supplemental light sources are prohibited. Pooling arrangements must
be made by the media.
All regularly scheduled Supreme
Court oral arguments taking place in the Supreme Court’s courtroom are subject
to expanded media coverage and are not subject to objections by
witnesses or parties. As of February 2009, the judicial branch ceased streaming
videos over the Internet to meet state budget cuts.
UPDATE: Iowa, is now live streaming supreme court
oral arguments over the internet and archiving them on its website: http://www.iowacourts.gov/Supreme_Court/Oral_Argument_Video/
Authority: Ch. 25, Iowa Court
Rules (2010).
Kansas
Rule 1001 of the Kansas Supreme
Court authorizes extended media coverage of appellate and trial court
proceedings and extends coverage to state municipal court proceedings. Under
this rule, coverage is permissible only by the news media and educational
television stations and only for news or educational purposes.
The media must give at least one
week’s notice of its intention to cover a proceeding. However, this requirement
may be waived upon a showing of good cause. Photographing of individual jurors
is prohibited, and where coverage of the jury is unavoidable, no close-ups may be
taken. Consents of the participants are not required. The presiding judge may
prohibit coverage of individual participants at his discretion; however, if a
participant is a police informant, undercover agent, relocated or juvenile
witness, or victim/witness and requests not to be covered, the judge must
prohibit coverage of that person. Coverage of a participant in proceedings
involving motions to suppress evidence, divorce, or trade secrets will also be
prohibited, if the participant so requests. Coverage of materials on counsel
tables and photographing through the windows or open doors of the courtroom is also
prohibited. Moreover, criminal defendants may not be photographed in restraints
as they are being escorted to or from court proceedings prior to rendition of
the verdict. Only one television camera, operated by one person, and one still
photographer, using not more than two cameras, are authorized in any one court
proceeding.
The Kansas Supreme Court provides an
audio webcast of oral arguments.
Authority: Rule
1001, Rules of the Kansas Supreme Court, Kansas Court Rules and
Procedures - State and Federal (1999). http://www.kscourts.org/rules/Rule-Info.asp?r1=Media+Coverage+of+Judicial+Proceedings&r2=318
Webcast: Kansas Supreme Court (http://www.kscourts.org/kansas-courts/supreme-court/arguments.asp)
Kentucky
Electronic coverage is permitted in
all appellate and trial court proceedings. Consents of the parties are not
required, but coverage is subject to the authority of the presiding judge.
Requests for coverage should be made to the judge presiding over the proceeding
for which coverage is desired. Coverage of attorney-client conferences or
conferences at the bench are prohibited. Only one television camera and one
still photographer, with not more than two still cameras, are allowed in the
courtroom at any one time, and the media are responsible for any pooling
arrangements. Juvenile proceedings are closed to the public. KRS 610.070.
The Kentucky Supreme Court provides
a live webcast of oral arguments.
Authority: Standards
of Conduct and Technology Governing Electronic Media and Still Photography
Coverage of Judicial Proceedings (http://weblinks.westlaw.com/toc/default.aspx?Abbr=ky%2Drules%2Dweb&Action=ExpandTree&AP=NBAA8F630A79211DAAB1DC31F8EB14563&ItemKey=NBAA8F630A79211DAAB1DC31F8EB14563&RP=%2Ftoc%2Fdefault%2Ewl&Service=TOC&RS=WEBL9.06&VR=2.0&SPa=KYR-1000&pbc=4BF3FCBE&fragment#NBAA8F630A79211DAAB1DC31F8EB14563),
Rules of the Kentucky Supreme Court, Ky. Rev. Stat. Ann.
(http://www.lrc.ky.gov/KRS/610-00/070.PDF).
Reporters Handbook
on Covering Kentucky Courts
Webcast: Kentucky Supreme Court
(http://courts.ky.gov/)
Louisiana
Electronic coverage of appellate
proceedings is allowed, while coverage at the trial level is generally
prohibited. Those wishing to cover trial-level proceedings should consult with
the courts of that district or parish concerning coverage. At the appellate
level, obtaining the consent of the involved parties is not required, although
the Court may prohibit coverage upon its own motion or if an objection is made
by a party. Notice of intent to cover a proceeding must be made at least 20
days in advance or, in expedited proceedings, within a reasonable time before
the proceeding is schedule to occur. No more than two television cameras, each
operated by no more than one camera person, and one still photographer, using
not more than two still cameras with not more than two lenses for each camera,
will be permitted in the courtroom during proceedings. In addition, the media
are responsible for any pooling arrangements.
The Louisiana Supreme Court provides
a live webcast of oral arguments.
Authority: Canon 3A(7),
Louisiana
Code of Judicial Conduct & Appendix.
Webcast: Louisiana Supreme Court (http://www.lasc.org/)
Maine
Extended media coverage is
authorized in all civil matters, but coverage in criminal matters is limited to
arraignments, sentencing and other non-testimonial proceedings. Prior approval
is not needed to cover the Supreme
Judicial Court, but filing a notice of intent with
the clerk is required.� Coverage of divorce,
annulment, support, domestic abuse and violence, child custody and protection,
adoption, determination of paternity, parental rights, sexual assault, trade
secrets, and juvenile proceeding is prohibited. Coverage of the jury is also
prohibited. Requests for coverage should be made to the clerk of the court at
which coverage is desired. The presiding judge can regulate the number of
cameras and their location. Neither the cameras nor their operators may have
any “insignia or other indication of organizational affiliation”. Pooling arrangements
are the sole responsibility of the media.
Authority: Administrative
Order--Cameras and Audio Recording in the Courts (http://www.courts.state.me.us/court_info/opinions/adminorders/JB-05-15%20(A.pdf)
(Feb. 27, 2009). �
Maryland
In the absence of a statutory
provision requiring closed proceedings or permitting closed proceedings,
coverage is permitted at civil trials, upon written consent of all the parties.
Consent is not required, however, from a party that represents the government,
or from an individual being sued in his or her governmental capacity. At the
appellate level, consent is not required, but a party may move to limit or
terminate coverage at any time. Requests for coverage must be submitted to the
clerk of the court where the proceedings will be held at least five days before
the trial begins. Coverage of jury selection, jurors or courtroom spectators,
private conferences between an attorney and a client or conferences at the
bench is prohibited. There is a presumption that good cause exists to prohibit
or limit, on the presiding judge’s own initiative, coverage of cases involving
custody, divorce, minors, relocated witnesses, and trade secrets.� Not more than one television camera is
permitted in any trial court proceeding, and not more than two are allowed in
appellate proceedings. Only one still photographer, with not more than two
cameras with not more than two lenses each, is allowed in both trial and
appellate proceedings. Pooling arrangements are the sole responsibility of the
media.
Rule 16-110 requires cell phones and
other electronic devices to be turned off in courtrooms and prohibits their use
for video or photographs.
Coverage is prohibited in criminal
trials.
The Maryland Court of Appeals will
launch a webcast in September 2009.
Authority: Rules
16-109 and 16-110, Maryland
Rules Annotated (http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=); MD Code,
Criminal Proc. § 1-201
(http://michie.lexisnexis.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=)
(2009).
Webcast: Maryland Court of Appeals (http://www.courts.state.md.us/coappeals/webcast.html)
(available September 2009)
Massachusetts
Rule 1:19 of the Supreme Judicial
Court of Massachusetts permits extended coverage of all proceedings open to the
public except hearings on motions to suppress or to dismiss, or of probable
cause or jury selection hearings. Close-up shots of bench conferences,
conferences between attorneys, or attorney-client conferences is prohibited.
Frontal and close-up photography of the jury “should not usually be permitted.”
The media must submit requests for coverage to the presiding judge “reasonably”
in advance of the proceeding to be covered, or risk denial. Before a party or a
witness may move to limit media coverage, it must first notify the Bureau Chief,
Newspaper Editor, or Broadcast Editor of the Associated Press. Oral arguments
before the Supreme Judicial Court
are available by webcast.
Authority: Rule 1:19, Rules of
Massachusetts Supreme Judicial Court (http://massreports.com/courtrules/sjcrules.aspx#Rule1:19).
Guidelines
on the Public’s Right of Access to Judicial Proceedings and Records
(http://www.mass.gov/courts/sjc/docs/pubaccess.pdf).
Webcast: Supreme Judicial Court
Michigan
Extended coverage of judicial
proceedings is permitted, but requests for coverage must be made in writing not
less than three business days before the proceeding is scheduled to begin. A
judge may terminate, suspend or exclude coverage at any time upon a finding,
made and articulated on the record that the rules for coverage have been
violated or that the fair administration of justice requires such action. Such
decisions are not appealable. Coverage of jurors or the jury selection process
is not permitted. The judge has sole discretion to exclude coverage of certain
witnesses, including but not limited to, the victims of sex crimes and their
families, police informants, undercover agents and relocated witnesses.
Authority:
Canon 3A(7), Michigan
Code of Judicial Conduct, Michigan Rules of Court 1994 (http://coa.courts.mi.gov/rules/documents/8MichiganCodeOfJudicialConduct.pdf);Administrative
Order No.1989-1, Film or Electronic Media Coverage of Court Proceedings
�
Minnesota
Expanded coverage is permitted at
both the trial and appellate level, but at the trial level, the judge and all
parties must consent to coverage prior to commencement of the trial. All
courtroom coverage must occur in the presence of the presiding judge. Coverage
of witnesses who object prior to testifying and coverage of jurors is
prohibited, as is coverage of hearings that take place outside of the presence
of the jury. Coverage is prohibited in cases involving child custody, divorce,
juvenile proceedings, hearings on suppression of evidence, police informants,
relocated witnesses, sex crimes, trade secrets, and undercover agents. Judges
and media representatives must inform the Supreme Court of denials of coverage
requests and the reason for such denials.
Effective July 1, 2011, Minnesota is
implementing a two year pilot project allowing a judge to authorize recording
of court proceedings with the consent of all parties in criminal proceedings
and without the consent of all parties in civil proceedings. Media wishing to
cover a proceeding must notify the court as soon as practicable and no later
than 10 days before a hearing or trial.�Not more than one television or movie camera and one still photographer
(with up to two cameras)shall be permitted in any district court
proceeding.�
At the appellate level, consents of
the parties and witnesses are not required, but the Clerk of the Appellate
Courts must be notified of an intent to cover the proceedings at least 24 hours
in advance of the coverage.
Only one television camera and one
still photographer, using not more than two cameras with two lenses each are
permitted in the courtroom during proceedings. The media are responsible for
arranging pooling agreements.
The Minnesota Supreme Court provides
a webcast of oral arguments, with archives dating back to September 2005.
Authority: Canon 3A(11), Minnesota
Code of Judicial Conduct (2008) (http://www.courts.state.mn.us/?page=2064);
Rule 4, General Rules of Practice for the District Courts (effective July 1,
2011) (http://www.mncourts.gov/Documents/0/Public/Clerks_Office/2011-03-11%20Order%20Gen%20Rls%20Audio%20and%20Video%20Coverage%20Amendment.pdf);
Rule 134, Rules of Civil Appellate Procedure (http://www.mncourts.gov/Documents/0/Public/Clerks_Office/2011-03-11%20Civ%20App%20Proc%20Audio-Video%20Coverage%20Amend.pdf).
Policy
Guidelines (http://www.courts.state.mn.us/documents/0/Public/Court_Information_Office/Procedures_for_Requesting_Cameras_-_Revised.doc)
Webcast: Minnesota Supreme Court
(http://www.tpt.org/courts/)
Mississippi
Mississippi’s Rules for Electronic and
Photographic Coverage of Judicial Proceedings (“MREPC”),permit electronic media
coverage of judicial proceedings (trial, pre-trial hearings, post-trial
hearings and appellate arguments) in Mississippi’s
Supreme Court, Court of Appeals, chancery courts, circuit courts and county
courts.
Electronic coverage is subject to
the authority of the presiding judge who may limit or terminate coverage at any
time if there is a need to (1) control the conduct of the proceedings; (2)
ensure decorum and prevent distraction; or (3) ensure fair administration of
justice. Any party may object by written motion, filed no later than 15 days
prior to the proceeding, unless good cause allows for a shorter filing period. Under
MREPC the media is required to notify the clerk and the court of any plans to
cover a proceeding at least 48 hours prior to the proceeding.
The media must comply with certain
coverage restrictions. Electronic coverage of police informants; minors; undercover
agents; relocated witnesses; victims and families of victims of sex crimes;
victims of domestic abuse, and members or potential members of the jury (before
their final dismissal) is expressly prohibited. In addition, audio recordings
of off-the-record conferences and coverage of closed proceedings are also
prohibited. Similarly, coverage of divorce; child custody; support;
guardianship; conservatorship; commitment; waiver of parental consent to
abortion; adoption; delinquency and neglect of minors; paternity proceedings;
termination of parental rights; domestic abuse; motions to suppress evidence;
proceedings involving trade secrets; and in camera proceedings are prohibited
unless authorized by the presiding judge.
Only one television camera, one video
recorder, one audio system, and one still camera are allowed in the courtroom
at one time and the media are responsible for pooling arrangements. If the
media cannot agree to a pooling arrangement, all contesting media personnel
shall be excluded from the proceeding. Electronic media coverage may not
distract from the courtroom proceedings, and in accordance with this principle,
no artificial, flash or strobe lighting is allowed in the courtroom without the
notification and approval of the presiding judge. All wires must be taped to
the floor and equipment may only be moved before or after a proceeding or
during a recess. The presiding judge may “relax” the technical restrictions so
long as no distractions are created.
The Mississippi Court of Appeals provides
video webcasts and archives dating back to 2004.
Authority: Rules for
Electronic and Photographic Coverage of Judicial Proceedings
(“MREPC”); Cannon 3B(12)
(http://www.mssc.state.ms.us/rules/msrulesofcourt/code_of_judicial_conduct.pdf), Code of Judicial Conduct of
Mississippi Judges; Rule 1.04
(http://www.mssc.state.ms.us/rules/msrulesofcourt/urccc.pdf), Uniform Rules of Circuit and
County Courts, Mississippi Rules of Court.
Webcast: Mississippi Court of Appeals
(http://www.mssc.state.ms.us/appellate_courts/coa/coaoralarguments.html)
Missouri
Media coverage at both the trial and
appellate levels is permitted, but coverage of jury selection, juvenile,
adoption, domestic relations, and child custody cases is not permitted. The
media may, upon permission of the judge, record a juvenile being prosecuted as
an adult.� Requests for coverage must be
made to the media coordinator, in writing, at least five days in advance of the
scheduled proceeding, and the media coordinator must then give written notice
of the request to counsel for all parties, parties appearing without counsel,
and the judge at least four days in advance of the proceeding. Coverage of
objecting participants who are victims of crimes, police informants, undercover
agents, relocated witnesses, or juveniles is prohibited. Further, the judge may
prohibit coverage of any or all of a participant’s testimony, either upon the
objection of the participant, party, or the court’s own motion. Only one
television camera and one still photographer, using not more than two cameras
with two lenses each, are allowed in the courtroom at any one time. The media
are responsible for all pooling arrangements.
Authority: Administrative
Rule 16, Missouri
Supreme Court Rules.
Montana
Coverage of trial and appellate
courts is permitted, though judges may restrict coverage of proceedings upon a
finding that media coverage will “substantially and materially interfere with
the primary function of the court to resolve disputes fairly under the law.”
Authority: Canon 35,
Montana Canons of Judicial Ethics, 176 Mont.
xxiii, 6 Media L. Rep. (BNA) 1543 (1980).
Nebraska
Media coverage in the Supreme Court
and Court of Appeals is explicitly permitted, but this right is only afforded
to "persons or organizations which are part of the news media." Party
consent is not required, although a party may file an objection to media
coverage before commencement of the proceeding in question.
Broadcasting and photographing from
other courtrooms is generally prohibited except where authorized under rules
prescribed by the Nebraska Supreme Court.�Several trial courts are operating under an experimental policy for
expanded media coverage.� Under the
experimental rules a judge will grant permission for expanded media coverage
unless the judge determines that such coverage would interfere with the rights
of the parties to a fair trial.� Coverage
must be requested through the media coordinator at least 14 days in
advance.� Expanded coverage is not
permitted for private proceedings, such as juvenile, dissolution, adoption,
child custody, or trade secrets cases, unless there is consent from all
parties.� Witnesses can object to
coverage of their testimony, but they must show good cause unless the testimony
is related to sexual abuse or a forcible felony or if the witness is a police
informant, undercover agent, or relocated witness, in which case there is a
rebuttable presumption of good cause.�Expanded coverage of jurors is generally prohibited, except if the judge
permits coverage of the return of the jury’s verdict.�
In all courts, no more than one
television camera with one operator, and no more than one still photographer
with no more than two cameras will be permitted in the courtroom at one
time.� Media are responsible for their
own pooling arrangements.
Nebraska’s Appellate Courts provide live
video webcasts of oral arguments, along with audio archives dating back to
September 2008,
Authority: Rules 2-117
(http://www.supremecourt.ne.gov/rules/pdf/Ch2Art1.pdf), 2-118
(http://www.supremecourt.ne.gov/rules/pdf/Ch2Art1.pdf); Rules of the Supreme Court/Court
of Appeals; Nebraska Court Rules and Procedure (West); Rules for Expanded Media
Coverage in Nebraska Trial Courts
(http://www.supremecourt.ne.gov/rules/trial-court/dist5ctyctMediaCoverage.pdf).
Reporters'
Guide to Media Law and Nebraska
Courts (http://www.nebar.com/associations/8143/files/FTP-ReportersGuide-2005.pdf)
Webcast: Nebraska Appellate Courts
(http://www.supremecourt.ne.gov/oral-arguments/livevideo.shtml)
Nevada
Extended media coverage is
permitted, at the judge’s discretion except for certain proceedings which are
made confidential by law. Obtaining the consent of the participants is not
required, but the judge may prohibit coverage of any participant who does not
consent to being filmed or photographed. Requests for coverage must be made in
writing at least 72 hours in advance of the proceeding, but the judge may grant
a request on shorter notice for “good cause.” Deliberate coverage of jurors or
of conferences of counsel is not allowed. No more than one television camera
and one still photographer are allowed in a proceeding at any one time, and the
media are responsible for any pooling arrangements.
The Nevada Supreme Court provides video
webcasts of oral arguments.
Authority: Nevada Supreme Court Rules, Part IV, Rules
on Cameras and Electronic Media Coverage in the Courts, (2008).
Webcast: Nevada Supreme Court (http://www.nevadajudiciary.us/index.php/webcast-of-oral-arguments�)
New
Hampshire
Rule 19 of the Rules of the Supreme
Court of New Hampshire permits coverage of that court’s proceedings subject to
the Court’s consent.
Rule 78 of the Rules of the New
Hampshire Superior Court exhorts judges to permit the media coverage of all
proceedings open to the general public, unless the coverage creates a
substantial likelihood of harm to a person or party. Requests for coverage
should be made as far in advance as practical, with requests for live coverage
at least five days in advance.� While
those wishing to cover a proceeding must obtain the court’s permission, in Petition
of WMUR Channel 9, 148 N.H. 644 (2002), the New Hampshire Supreme Court
stated that permission should be granted unless four requirements are
met: “(1) closure advances an overriding interest that is likely to be
prejudiced; (2) the closure ordered is no broader than necessary to protect
that interest; (3) the judge considers reasonable alternatives to closing the
proceedings; and (4) the judge makes particularized findings to support the
closure on the record.” Id.
Photography of jurors is prohibited.
The media rule of the New Hampshire
District Courts is substantially similar to that of the Superior Court.
Authority: Rule 19,
New Hampshire Supreme Court Rules; Rule 78,
New Hampshire Superior Court Rules and Directory; Rule 1.4,
New Hampshire District and Municipal Court Rules.
Webcast: New Hampshire Supreme Court
(http://www.courts.nh.gov/cstream/index.asp)
New Jersey
Canon 3A(9) of the New Jersey Code
of Judicial Conduct exhorts judges to allow “bona fide media” to cover
proceedings. To this end, the Supreme Court has issued a set of guidelines for
media coverage, which grants judges some latitude in limiting coverage,
especially where the coverage may result in a substantial likelihood of harm to
a witness or party. Unlike other jurisdictions, the media are granted the right
to appeal any order excluding or varying coverage. Photography of the jury is
prohibited, and photography and audio recording is prohibited in certain types
of proceedings, such as juvenile proceedings, proceedings to terminate parental
rights, child abuse/neglect proceedings, custody proceedings, and “proceedings
involving charges of sexual contact or charges of sexual penetration or
attempts thereof when the victim is alive.” Photography and audio recordings of
crime victims under the age of 18 or witnesses under the age of 14 may be
permitted at the trial judge’s discretion. Additionally, while coverage of
juvenile proceedings is usually forbidden, courts, in their discretion, may
allow coverage of 17-year old defendants in proceedings involving motor vehicle
violations. The media are responsible for pooling arrangements.
The New Jersey Supreme Court
provides live webcasts of oral arguments and archives dating back to January
2005.
Authority: Canon 3A(9), Code
of Judicial Conduct; Supreme Court
Guidelines for Still and Television Camera and Audio Coverage of Proceedings in
the Courts of New Jersey (2003).
Webcast: New Jersey Supreme Court
(http://www.judiciary.state.nj.us/webcast/index.htm)
New Mexico
Electronic coverage of proceedings
in the state’s appellate and trial courts is permitted, although the judge may
limit or deny coverage for good cause. The judge also has wide discretion to
exclude coverage of certain types of witnesses, including, but not limited to,
the victims of sex crimes and their families, police informants, undercover
agents, relocated witnesses and juveniles. Filming of the jury or any juror is
prohibited, as is filming of jury selection. Coverage of any attorney-client or
attorney-court conferences is prohibited. Those wishing to cover a proceeding
must notify the clerk of the particular court at least 24 hours in advance of
the proceeding. Only one television camera and two still photographers, each
with one camera are allowed in the courtroom at any one time, and any pooling arrangements
are the responsibility of the media.
Authority: Rule
23-107
(http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0), New Mexico Supreme Court General
Rules, (2008).
New York
Appellate
Courts
Electronic
photographic recording of proceedings in appellate courts is permitted, subject
to the approval of the respective appellate court. Consent to coverage by
parties or the attorneys is not required and any objections by attorneys or
parties are limited to those showing good cause. Only two television cameras
and two still photographers are allowed in the courtroom at any one time, and
coverage is subject to various other technical conditions concerning media
equipment.
�
The New
York Court of Appeals provides live webcasts of oral arguments, with archives
of selected arguments.
�Trial Courts
Section 52
of the Civil Rights Law (“Section 52”) imposes a per se ban on all televising
of trial court proceedings, no matter what the circumstances of the case or the
assessment of the presiding judge. The statute became effective on July 1,
1997, when Section 218 of the Judiciary Law (“Section 218”) expired by
operation of law. For all but one of the prior ten years, Section 218 had
allowed, subject to specific limits in certain types of cases and with respect
to certain trial participants, the televising of trials in New York State.
In 1997, the Legislature failed to renew Section 218, resulting in the
reimposition of Section 52, and thus barring extended coverage of trial
proceedings. In response to the per se ban, a number of trial judges ruled
Section 52 unconstitutional and permitted camera coverage. On June 16, 2005,
however, the New York Court of Appeals effectively ended the debate by
affirming a lower court’s holding that Section 52 is constitutional. Unless the
Legislature enacts a statute overruling the Court of Appeals, cameras will not
be allowed in trial court proceedings for the foreseeable future.
�Authority: Courtroom Tel. Network, LLC v. New York;
New York Civil Rights Law § 52
(http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS) (trial
court); 22 NYCRR §§ 29.1-29.2
(appellate court); NY CLS Standards & Administrative Policies § 131
(2000).
Webcast: New York Court of Appeals
(http://www.nycourts.gov/ctapps/)
North
Carolina
The rules for coverage require that
the equipment and personnel used in coverage be neither seen nor heard by
anyone inside the courtroom and that all personnel and equipment be located in
an area set apart by a booth or partition with appropriate openings to allow
photographic coverage. The presiding trial judge may permit coverage without
booths, however, if coverage would not disrupt the proceedings or distract the
jurors. The Chief Justice of the Supreme Court and the Chief Judge of the Court
of Appeals may waive the booth requirements in proceedings in these courts.
Hand-held audio tape recorders may be used upon prior notification to, and with
the approval of, the presiding judge.
The rules do not require the
consents of participants, but prohibit coverage of jurors. In addition,
coverage of certain types of proceedings, such as adoption, divorce, juvenile
proceedings, and trade secrets cases, is prohibited. Coverage of certain types
of witnesses, such as police informants, undercover agents, victims of sex
crimes and their families, and minor witnesses is also not permitted. Only two
television cameras and one still photographer with no more than two cameras are
allowed in the courtroom at any one time, and the media are responsible for any
pooling arrangements.
Authority: Rule 15,
General Rules of Practice for the Superior and
District Courts of North Carolina,
North Carolina Rules of Court
(2000).
North
Dakota
Extended media coverage is authorized
in all courts. The judge may deny media coverage of any proceeding or portion
of a proceeding in which the judge determines that media coverage would
materially interfere with a party’s right to a fair trial or when a witness or
party objects and shows good cause why expanded coverage should not be
permitted. The judge may also deny coverage if the coverage would include
testimony of an adult victim or witness in sex offense prosecutions; or would
include a juvenile victim or witness in proceedings in which illegal sexual
activity is an element of the evidence; or coverage would include undercover or
relocated witnesses.
Coverage of proceedings held in
chambers, proceedings closed to the public, and jury selection is prohibited.
Conferences between an attorney and client, witness or aide, between attorneys,
or between counsel and the bench may not be recorded or received by sound
equipment. Further, close up photography of jurors is also prohibited.
Requests for expanded media coverage
of the Supreme Court must be made at least seventy-two hours before the
proceeding and must be made by regular mail and, if possible, by facsimile with
copies to counsel of record.
The North Dakota Supreme Court
provides live audio webcasts of oral arguments with archives dating back one
calendar year.
Requests for expanded media coverage
of trial court proceedings must be made to the presiding judge at least seven
days before the proceeding. Notice of the request must be given to all counsel
of record and any pro se parties. The notice must be in writing and filed with
proof of service with the clerk of the appropriate court.
Authority: Administrative
Rule 21; (North Dakota
Court Rules).
Webcast: North Dakota Supreme Court
(http://www.ndcourts.gov/court/webcasts.htm)
Ohio
Rule 12 of the Rules of
Superintendence for the Courts of Ohio requires judges to permit coverage of
proceedings that are open to the public, subject to certain exceptions.
At the trial level, coverage of
objecting witnesses and victims is prohibited. The judge is also required to
inform victims and witnesses of their right to object to coverage. Requests for
coverage must be submitted to the presiding judge, as the consent of the judge
is required for coverage to take place. Only one still photographer and one
television camera are permitted in the courtroom, unless the judge grants
permission to use additional cameras. Coverage of attorney-client conferences
and any bench conferences is prohibited. In addition to these rules, local
courts may impose additional obligations and requirement for extended coverage.
Rule 12 may be modified by local
rules. For example, the Hamilton County Court of Common Pleas requires
broadcasters to use the court’s audio system and permits coverage requests to
be made up to thirty (30) minutes before the start of the proceeding.
The Ohio Supreme Court provides live
video webcasts of oral arguments, with archives dating back to March 2004.� The Court also provides podcast audio on
iTunes.
Authority: Rule
12
(http://www.sconet.state.oh.us/LegalResources/Rules/superintendence/Superintendence.pdf), Rules of Superintendence for the
Courts of Ohio (2009); Hamilton County Common Pleas Rule 30.
Webcast: Ohio Supreme Court
(http://www.supremecourt.ohio.gov/videostream/default.asp)
�
Oklahoma
Trial and appellate coverage is
permitted, but express permission of the judge is required. Coverage of
objecting witnesses, jurors, or parties is not permitted in either criminal or
civil proceedings. Moreover, no coverage is allowed in criminal trials without
the express consent of all accused persons.
Authority: Title 5, Oklahoma Statutes,
Chapter 1, Appendix 4, Canon 3B(10)
(2006) (superseded on April 15, 2011).
Oregon
In the appellate courts, broad
discretion to permit or deny coverage is vested in the judge, who may deny
coverage to “control the conduct of the proceedings before the court, insure
decorum and prevent distractions, and insure the fair administration of justice
in proceedings before the court.” Only one television camera and one still
photographer are allowed in the courtroom at any one time, and any pooling
arrangements are the responsibility of the media.
At the trial court level, “public
access coverage” is allowed, but a judge may deny coverage if there is a
“reasonable likelihood” that the coverage would interfere with the rights of
the parties to a fair trial, would affect the presentation of evidence or the
outcome of the trial, or if “any cost or increased burden resulting” from the
coverage would interfere with the “efficient administration of justice.” Public
access coverage is not limited to the traditional media, but includes any
person using “television equipment; still photography equipment; audio, video,
or other electronic recording equipment.” Coverage of dissolution, juvenile,
paternity, adoption, custody, visitation, support, mental commitment, trade
secrets, and abuse, restraining and stalking order proceedings is prohibited.
Also, coverage of sex offense proceedings will be prohibited at the victim’s
request. Upon request, those covering a proceeding must provide a copy of the
coverage to the court and “any other person, if the requestor pays actual
copying expense.”
Courts may adopt local rules to
establish procedural requirements governing media access.
Authority: Rule
8.35 (http://www.ojd.state.or.us/web/ojdpublications.nsf/Files/2011ORAPsfromPubs.pdf/$File/2011ORAPsfromPubs.pdf), Rules of Appellate Procedure
(2009); Rule 3.180 (http://courts.oregon.gov/OJD/docs/programs/utcr/2010_UTCR_ch03.pdf) Uniform Trial Court Rules, Oregon
Rules of Court-State.
Pennsylvania
Photography or broadcasting of
judicial proceedings is generally prohibited in both civil and criminal trials.� Canon 3A(7) does, however, permit judges to
authorize media coverage of non-jury civil proceedings. Coverage of support,
custody, and divorce proceedings is prohibited. A judge may only authorize
coverage with the consent of the parties. Additionally, coverage of objecting
witnesses is prohibited. Media wishing to seek permission to cover a proceeding
should speak in advance with the courtroom tipstaff, as the presiding judge
must expressly authorize coverage.
Coverage is prohibited in proceedings
before District Justices.
Local rules may vary.
Authority: Canon 3A(7),
Code of Judicial Conduct; Rule 112,
Pennsylvania Rules of Criminal Procedure; Rule 223,
Pennsylvania Rules of Civil Procedure (Official Note); Rule 7,
Rules of Conduct, Offices Standards and Civil Procedure for District Justices
(2005).
Rhode
Island
The courts of Rhode Island permit extended media coverage,
however a judge has “sole discretion” to “entirely exclude media coverage of
any proceeding or trial over which he or she presides.” Exclusion by the trial
court may also be based on a party’s request for non-coverage. Coverage of
juvenile, adoption or any other matters in the Family Court “in which juveniles
are significant participants” is prohibited. Coverage of hearings which take
place outside of the jury’s presence (e.g., hearings regarding motion to
suppress evidence) is not permitted. After the jury has been impaneled,
individual jurors may be photographed, with their consent. Where photographing
of the jury is unavoidable, close-ups that clearly identify individual jurors
are not permitted.
Only one television camera operated
by one photographer are allowed in trial courts, and no more than two
television cameras operated by one photographer each are allowed in appellate
courts.� The media must arrange for any
pooling arrangements.
Authority: Article VII, Rhode Island
Supreme Court Rules, Rhode Island Court Rules Annotated; Rule 53, Rhode Island
Superior Court Rules of Criminal Procedure (2009); Rule 53, Rhode Island District
Court Rules of Criminal Procedure (2009).
Rhode Island Judiciary Media Guide
for Reporters (http://www.courts.ri.gov/outreach/media_guide.pdf)
South
Carolina
Extended media coverage is
permitted, but presiding judges are given significant discretion to limit
coverage. Those wishing to cover a proceeding must give the presiding judge
“reasonable notice” of the request for coverage, and the judge may request a
written notice. The judge may also refuse, limit or terminate media coverage of
an entire case, portions thereof, or testimony of particular witnesses.
Coverage of prospective jurors is prohibited and members of the jury may not be
photographed except when they happen to be in the background of other subjects
being photographed. Two television cameras and two still-photographers are
allowed in the courtroom at one time, and the media are responsible for any
pooling arrangements. Media personnel’s equipment and clothing must not “bear
the insignia or marking of any media agency,” and the cameraperson must wear
“appropriate business attire.”
Authority: Rule 605
and Part 6, Appendix
B, Form 1, South Carolina Appellate
Court Rules, South Carolina
Rules of Court (2007).
South
Dakota
Extended coverage of trial and
intermediate appellate court proceedings is permitted with the consent of the
judge and all parties at least one week prior to the commencement of trial.� Supreme Court Rules 10-8 and 10-9 effectively
adopted recommendations of the Study of Cameras in the Courtroom Committee
effective July 1, 2011.� Members of the
jury may not be photographed and proceedings outside the presence of the jury
are not to be recorded. �The court has
discretion over the type and quantity of equipment to be used.� The court is also entitled to a copy of any
audio or video recordings for archiving.
Expanded media coverage of Supreme
Court proceedings is permitted. Under Rule 15-24-6, the court can limit media
coverage where it is necessary in the interest of justice.� The court has the right to request a copy of
any recordings or published photographs of the proceedings.
Authority: S.D. Supreme Court Rule
10-9 (http://ujs.sd.gov/Uploads/sc/rules/SC_Rule_10-09.pdf); Canon 3B(12), South Dakota Code of
Judicial Conduct, S.D. Codified Laws, § 15-24-6.
Study of Cameras in the Courtroom
Committee
(http://www.sdjudicial.com/Uploads/Committees/2010_Final_Report_and_Recommendations.pdf)
Webcasts: South Dakota
Supreme Court Oral Arguments
Tennessee
Extended coverage is permitted in
all courts. Requests for coverage must be made in writing to the presiding
judge not less than two business days before the proceeding. Coverage of a
witness, party or victim who is a minor is prohibited except when a minor is
being tried for a criminal offense as an adult. Coverage of the jury selection
and the jurors during the proceeding is also prohibited.
In juvenile court proceedings, the
court will notify parties and their counsel that a request for coverage has
been made and prior to the beginning of the proceedings, the court will advise
the accused, the parties and the witnesses of their right to object. Objections
by a witness in a juvenile case will limit coverage of that witness. Objections
to coverage by the accused in a juvenile criminal case or any party in a
juvenile civil action will prohibit coverage of the entire proceeding.
Only two television cameras and two
still photographers, using not more than two cameras each, are allowed in the
courtroom at one time. The media are responsible for any pooling arrangements.
Appellate review of a presiding
judge’s decision to terminate, suspend, limit, or exclude media coverage shall
be in accordance with Rule 10 of the Tennessee Rules of Appellate Procedure.
Authority: Rule 30,
Rules of the Tennessee Supreme Court, Tenn. Code Ann., Vol. 5A
(2007).
Texas
Rule 18c, Texas Rules of Civil
Procedure, and Rule 14, Texas Rules of Appellate Procedure, provide for the
recording and broadcasting of civil court proceedings.
Rule 18c allows television, radio
and photographic coverage with the consent of the trial judge, the parties and
each witness to be covered. Coverage also may not “unduly distract participants
or impair the dignity of the proceedings.”
Rule 14 technically permits coverage
of civil and criminal appellate proceedings. Requests for coverage at the
appellate level must be filed five days prior to the proceeding, and coverage
may be subject to other limitations imposed by the presiding judge(s). Those
seeking coverage at the trial level should check with the local court, as the
Supreme Court has approved local rules submitted by counties and cities in the
state to allow coverage of trial proceedings and will continue to do so.
The Supreme Court of Texas provides
live video and archived audio and video webcasts of oral arguments.
Authority: Rule 18c, Rules of Civil
Procedure; Rule 14, Rules of Appellate Procedure.
Webcast: Texas Supreme Court (Video) (http://www.stmarytx.edu/law/index.php?site=supremeCourtWebcasts)
(Audio) (http://www.supreme.courts.state.tx.us/oralarguments/audio.asp);
(Podcast) (http://www.supreme.courts.state.tx.us/sc-podcasts.asp)
Utah
Under Rule 4-401, filming, video
recording and audio recording of appellate proceedings is permitted to preserve
the record and as permitted by procedures of those courts, but is prohibited in
trial proceedings except to preserve the record. Still photography of trial and
appellate proceedings is permitted at the discretion of the presiding judge.
Requests for still photography coverage should be made at least 24 hours prior
to the proceeding but will be considered less than 24 hours ahead for good
cause.
The Utah Supreme Court provides live
audio webcasts of oral arguments, with archives dating back to February 2004.
Authority: Rule 4-401,
Utah Code of
Judicial Administration (2000).
Webcast: Utah Supreme Court
(http://www.utcourts.gov/courts/sup/streams/)
Vermont
Extended media coverage of Supreme
Court proceedings is permitted without the consent of the full court, but the
Chief Justice has discretion to prohibit coverage. Audio recording of
conferences between members of the Court, between co-counsel or between counsel
and client is prohibited. Only two television cameras, each operated by one
cameraperson, and one still photographer, using not more than two cameras, are
permitted in the Supreme Court at any one time.
At the trial level, coverage is
permitted in the courtroom and in immediately adjacent areas that are generally
open to the public. Consent of parties and witnesses is not required, but the
trial judge has discretion to prohibit, terminate, limit or postpone coverage
on the judge’s own motion or on a motion of a party or request of a witness.
Coverage of jurors is prohibited,
except in the background when courtroom coverage would be otherwise impossible.
While the rules do not ban coverage of specific types of cases, the reporter’s
note accompanying the rule suggests that coverage may be inappropriate for sex
offense, domestic relations, trade secret cases or offenses in which the victim
is a minor. This issue is left to the discretion of the trial judge to evaluate
on a case-by-case basis. No proceeding that is closed to the public, by
statute, may be covered. Only one television camera, operated by one
cameraperson, and one still photographer, using not more than two cameras, are
permitted in the courtroom at any one time. The media are responsible for any
pooling arrangements. There is no right to an interlocutory appeal of a decision
to prohibit or limit coverage.
The Vermont Supreme Court provides
audio recordings of oral arguments on its Web site.
Authority: Rule 35, Vermont Rules of Appellate Procedure; Rule 53, Vermont Rules of Criminal Procedure; Rules 79.2 &
79.3, Vermont
Rules of Civil Procedure; 79.2, Rules of Probate Procedure (2000).
Vermont
Rules
(http://www.michie.com/vermont/lpext.dll?f=templates&fn=main-h.htm&2.0)
Webcast: Vermont Supreme Court
(http://www.vermontjudiciary.org/LC/audioarguments.aspx)
Virginia
Extended media coverage of both
trial and appellate proceedings is permitted at the sole discretion of the
trial judge. Coverage of jurors as well as certain kinds of witnesses (police
informants, minors, undercover agents and victims and families of victims of sexual
offenses) is prohibited. Media coverage of adoption, juvenile, child custody,
divorce, spousal support, sexual offense, trade secret and in camera
proceedings and hearings on motions to suppress evidence is prohibited as well.
Not more than two television cameras and one still photographer (using no more
than two cameras) are allowed in the courtroom at any one time, and the media
are responsible for any pooling arrangements.
Authority: Va. Code Ann. §
19.2-266.
Virginia
Press Association Website for Cameras in the Courtroom (http://www.vpa.net/index.php/services/article/cic-intro/)�
�
Virginia
Press Association Cameras in the Courtroom Guidelines (http://www.vpa.net/images/pdf/Cameras_Courtroom2010.pdf)
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Washington
The Courts of Washington permit
extended media coverage of trial and appellate courtroom proceedings. The
presiding judge may place conditions on the coverage, and the judge must
expressly grant permission and ensure that the media personnel will not
distract participants or impair the dignity of the proceedings. If a judge
finds that media coverage should be limited, he or she must make, on the
record, particularized findings that relate to specific circumstances of the
proceeding. Judges may not rely on “generalized views” to limit media coverage.
The Bench-Bar-Press Committee,
established in 1963, seeks to “foster better understanding and working
relationships between judges, lawyers and journalists who cover legal issues
and courtroom stories.” In addition to moderating disputes between the bench
and the press, the Committee promulgates a nonbinding Statement of Principles
as well as an annual report of its “Fire Brigade” (also known as its Liaison
Committee).
Authority: Rule 16,
General Rules, Washington Court Rules - State (West).
Bench-Bar-Press
Committee
Fire Brigade's 2010
Report on Activities.
West
Virginia
West
Virginia’s rules permit coverage of both trial and appellate
proceedings but also permit a presiding judge to terminate coverage if he or
she “determines that coverage will impede justice or create unfairness for any
party.” Requests for media coverage must be made at least one day in advance of
the proceeding. The presiding judge may sustain or deny objections made by
parties, witnesses and counsel to the coverage of any portion of a proceeding.
Audio coverage of attorney-client meetings or any other conferences conducted
between and among attorneys, clients, or the presiding judge is prohibited.
Coverage that shows the face of any juror or makes the identity of any juror
discernible is prohibited without juror approval. Only one television camera
and one still photographer are allowed in the courtroom at any one time, and
the media are responsible for any pooling arrangements.
The Supreme Court of Appeals of West Virginia provides a
live Web cast of oral arguments.
Authority: Canon 3B(12),
West Virginia Code of Judicial Conduct; Rules Governing Camera Coverage of
Courtroom Proceedings, West Virginia Code Annotated; Rule 8,
West Virginia Trial Court Rules (2007); Media Coverage of Courtroom Proceedings
in the Supreme Court of Appeals, Rule 42 (http://www.state.wv.us/wvsca/Rule42.pdf) (2010)
Webcast: Supreme Court of Appeals of
West Virginia
(http://www.state.wv.us/wvsca/Webcast.htm)
Wisconsin
Extended coverage is permitted, but
the presiding judge retains the authority to determine whether coverage should
occur and, upon a finding of cause, to prohibit coverage. The trial judge
retains the power, authority and responsibility to control the conduct of
proceedings, including the authority over the inclusion or exclusion of the
media and the public at particular proceedings or during the testimony of
particular witnesses under the experimental and permanent guidelines. A
presumption of validity attends objections to coverage of participants in cases
involving the victims of crimes (including sex crimes), police informants,
undercover agents, juveniles, relocated witnesses, divorce, trade secrets, and
motions to suppress evidence. An individual juror may be photographed only
after his or her consent has been obtained. Photographs of the jury are
permitted in courtrooms where the jury is part of the unavoidable background,
but close-ups, which enable jurors to be clearly identified, are prohibited.
Audio coverage of conferences between an attorney and a client, co-counsel, or
attorneys and the trial judge is also prohibited. Three television cameras and
three still photographers, using not more than 2 cameras each, are allowed in
the courtroom to cover a proceeding. Disputes regarding a court’s application
of Chapter 61 are treated as administrative matters, which may not be appealed.
The Wisconsin Supreme Court provides
audio recordings or oral arguments on its Web site, with archives dating back
to September 1997.
Authority: Chapter 61,
Wisconsin Supreme Court Rules.
Webcast: Wisconsin
Supreme Court (http://www.wicourts.gov/opinions/soralarguments.htm)
Wyoming
Extended media coverage is allowed at
both the appellate and trial court levels. A request for media coverage must be
submitted 24 hours or more prior to the proceedings. The media may not make any
close-up photography or visual recording of the members of the jury, nor may it
make an audio recording of conferences between attorney and client or between
counsel and the presiding judge. Additionally, equipment may not be moved
during a proceeding. The trial judge has broad discretion in deciding whether
there is cause for prohibition of coverage. Requests to limit media coverage
enjoy a presumption of validity in cases involving the victims of crimes,
confidential informants, and undercover agents, as well as in evidentiary
suppression hearings.
Authority: Rule 804,
Uniform Rules of the District Courts of the State of Wyoming;Rule 53,
Wyoming Rules
of Criminal Procedure, (2007).
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