RTDNA Cameras in the Courts: Alabama-Idaho
 

Alabama

Authority

(1)   Canon 3A(7), 3A(7A), and 3A(7B), Alabama Canons of Judicial Ethics, Ala. Code, Vol. 23A (Rules of Alabama Supreme Court)
 

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.
 

Arizona

Allows Cameras? Yes
Does Not Allow Cameras? No
Partial Allowance of Cameras? No
Audio or Video Webcast? Yes
Media Guide Available? No

Arizona Supreme Court Rule 122 allows the use of recording devices in a courtroom, subject to specific requirements and limitations.  A recording device is a tool used “to capture and store sound or images, or both, or from which a person can retrieve or broadcast sound or images.”  An individual or organization who wishes to use a recording device during a proceeding must submit a written or electronic request to cover the proceeding.  For a trial, an individual or organization must submit a request at least seven calendar days before the trial date.  For proceedings other than a trial, an individual or organization must submit a request no less than 48 hours before the start of the proceeding.  A judge on his or her own motion may deny a request for coverage, or may sustain a party’s objection to coverage, only after making specific, on-the-record findings that there is a likelihood of harm and that the harm outweighs the benefit of coverage to the public.

Only one television and one still camera is allowed, although the judge conducting the proceeding has discretion to approve a request for additional recording devices.  Media are responsible for pooling arrangements.

Recording devices include smart phones.  An individual or organization may use a personal audio recorder, which is “a device used to record audio only, and that is on, held by, or immediately next to, the person who is operating the device.”

Authority

(1)   Rule 122, Rules of the Arizona Supreme Court, Ariz. Rev. Stat., Vol. 17A
 

Arkansas

Allows Cameras? No
Does Not Allow Cameras? No
Partial Allowance of Cameras? Yes
Audio or Video Webcast? Yes
Media Guide Available? No

A judge may authorize broadcasting, recording, or photographing in the courtroom and adjacent areas provided that “the participants will not be distracted, nor 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 matters in circuit court, all probate and domestic relations matters in circuit court, including adoption, guardianship, divorce, custody, support, and paternity, and all drug court 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

(1)   Arkansas Judiciary Administrative Order 6

Other links

(1)   Supreme Court of Arkansas Video Webcast
 

California

 

Colorado

Connecticut
 

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 reasons.  The presumption in favor of coverage does not apply to sexual offense cases or family relations matters.

At the trial court level, Connecticut adopted new rules that went into effect in January 2012.  Under the rules, a media organization, defined as “any person or entity that is regularly engaged in the gathering and dissemination of news,” must be approved by the Office of Chief Court Administrator.  Once approved, the media may broadcast, televise, record, or photograph court proceedings subject to several general limitations.  First, the media may not cover proceedings dealing with family relations matters, juvenile matters, sexual assault, or trade secrets.  Second, the media may not cover proceedings held without the jury present in a jury trial, unless the trial court makes an exception.  Third, the media may not cover proceedings that are closed to the public. 

Fourth, the media may not cover a trial during recess, or cover conferences amongst the parties.  Finally, the media may not cover jury selection.  

In addition, Connecticut has special rules for covering trial court arraignments, civil proceedings, and criminal proceedings.  For arraignments, the media must request permission for electronic coverage.  The court will give the state and the defendant the opportunity to object to the coverage request, and then the court will decide whether or not to grant the request.  If the request is granted, there are additional coverage limitations.  For example, the media may not cover conferences amongst the parties, the defendant while entering and exiting lockup, or documents in a close-up fashion.  In addition, only one camera and one audio recording device may be used, the media may not use artificial lighting, the camera operator must remain in one location throughout the duration of the arraignment, and the court will decide the camera placement.

For civil proceedings at the trial court level, coverage is allowed unless the court finds substantial reason to believe that coverage will compromise a party’s legal rights, safety, or privacy.  The media may only use equipment that is not distracting, and no equipment may be moved and no film may be changed while the court is in session.  The court has discretion to require pooling arrangements. 

Finally, for criminal proceedings at the trial court level, any media representative who wants to cover criminal proceedings must submit a written notice of coverage three days prior to the proceedings.  This requirement may be waived for good cause.  The court may limit or preclude coverage if it finds substantial reason to believe that  coverage will compromise a party’s legal rights, safety, or privacy.  Under normal coverage circumstances, the media may only use one camera and one audio recording device, and neither can be distracting.  Unless the judge makes an exception, the media may not use artificial lighting.  The judge decides the location of the camera and recording equipment, and the equipment may not be moved during the proceeding.  The court has discretion to require pooling arrangements.   

Connecticut also sets forth rules concerning the use and possession of electronic devices in state courtrooms.  Under Superior Court rules, individuals may bring cell phones and personal computers into courtrooms; however, individuals may not take pictures or broadcast sound or video with their cell phones and may only use personal computers for note taking.  Under Appellate and Supreme Court rules, individuals may have a cell phone, PDA, personal computer, or other electronic device that can broadcast, record, or take pictures; however, individuals may not use those devices to take pictures, record, or broadcast.  In addition, individuals may not use cell phones in the courtroom.     
 

Authority 

Delaware
 

 

District of Columbia

DC courts do not allow members of the media or individuals to photograph or record courts proceedings. Superior Court Rule of Civil Procedure 203(b) prohibits photographs, broadcasts, or tapes for public replay of any civil proceeding. Superior Court Rule of Criminal Procedure 53(b) prohibits photographs, broadcasts, and mechanical recording devices; however, there are two exceptions.  First, the court may make an exception for the use of a mechanical recording device.  Second, the official in charge of a particular office or room in the courthouse may give permission to take photographs; the person being photographed must also consent.  Similarly, Family Court Rule 45(e) prohibits photographing and broadcasting in courtrooms, and allows photographing in other rooms in the Family Court with the permission of the person in charge of the room and the person being photographed. 

Under Superior Court Administrative Order 11-17, people entering a Superior Court courtroom must turn off all electronic devices and store the devices in a location where they cannot be seen.  Even though the general rule applies to members of the media, the order specifies that the presiding judicial officer may give members of the media permission to use electronic devices for “official business.”  Even with special permission, the use of electronic devices is limited; members of the media may only use the device for court- or business-related matters, and members of the media may not use the device to photograph, record, or make transmissions of any type. 

Blogging may be allowed in DC Superior Court.  According to the Journalist’s Handbook to the Courts in the District of Columbia, a blogger must request permission to live-blog from a courtroom in advance of the proceeding, and the decision is entirely subject to the judge’s discretion.
 

Florida
 

Florida Rule of Judicial Administration 2.450 permits electronic media and still photography coverage of proceedings in both the appellate and trial courts.  Under this rule, coverage is 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, 548 (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.  The coverage equipment may not be distracting and members of the media have an affirmative duty to demonstrate to the judge, prior to proceedings, that the equipment is in compliance with the rule.  Members of the media may not use artificial lighting; however, the court may modify or add to the courtroom’s light sources as long as the changes do not involve a public expense. The court decides the placement of the cameras and members of the media may not move about the courtroom while proceedings are underway.  The media are prohibited from covering conferences amongst parties, like conferences between attorneys and their clients or attorneys and the judge.

Florida Rule of Judicial Administration Rule 2.451 requires the removal of all electronic devices from jurors before the beginning of jury deliberations.  The use of electronic devices by all others in a courtroom is subject to the authority of the presiding judge.

Georgia
 

Probate Court Rule 10.10, Magistrate Court Rule 11, Juvenile Court Rules 26.1 and 26.2, and Municipal Court Rule 11 provide guidelines for extended media coverage in 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.

Superior Court 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 an audio or video 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.

Probate Court Rule 10.3 specifically addresses the use of cell phones in probate courtrooms.  Cell phones shall no be heard in the courtroom, and the judge has the authority to further restrict the use of cell phones in the courtroom.
   

Authority

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.

Any individual may request to record judicial proceedings.  The recording device must be small and hand-held, have a built-in microphone, and be operated from the seat of the person recording.  The request to the judge must be timely, and the judge decides whether or not to grant the request.  Otherwise, the public is asked to turn off cell phones and electronic devices when they enter the courtroom.

Jurors are specifically instructed not to discuss the case being tried via “emailing, text messaging, tweeting, blogging or any other form of communication.”  

Authority
 

Idaho
 

This page updated December 2015