J385: Communication Law Home Page


   

Rule 8.35
MEDIA COVERAGE OF APPELLATE COURT PROCEEDINGS

 


(1) As used in this rule, “judge presiding in a proceeding” means the Chief Justice of the
Supreme Court, the Chief Judge of the Court of Appeals, or the justice or judge presiding in a public
proceeding in the Supreme Court or Court of Appeals, as appropriate.

(2) The judge presiding in a proceeding shall have the authority and responsibility to control
the conduct of proceedings before the court, insure decorum and prevent distractions, and insure the
fair administration of justice in proceedings before the court. Subject to that authority and
responsibility, radio, television, and still photography coverage of public judicial proceedings in the
appellate courts shall be allowed in accordance with this rule.

(3) Where available, audio pickup for all media purposes shall be accomplished from existing
audio systems present in the courtroom, except if the audio pickup is attached to and operated as part
of a television or videotape camera. If no technically suitable audio system exists in the courtroom,
microphones and related wiring essential for media purposes shall be unobtrusive and shall be
located in places designated in advance of the proceeding by the judge presiding in the proceeding.

(4) One still photographer, utilizing not more than two still cameras and related equipment,
and one television or videotape camera operator shall be permitted to cover any public proceeding
in an appellate court. The judge presiding in the proceeding shall designate:
(a) Where in the courtroom the photographer or television or videotape camera operator
shall be positioned; and
(b) Where outside the courtroom videotape recording equipment that is not part of the
television or videotape camera shall be positioned.

(5) Microphones and cameras shall be placed in the courtroom before proceedings each day
or during a recess and, once positioned, shall not be moved during the proceeding. Microphones and
cameras shall be removed only after adjournment of proceedings each day or during a recess.
Broadcast media representatives shall not move about the courtroom while proceedings are in
session.

(6) (a) Audio and photographic equipment that produces distracting sound or light shall not
be used, nor shall artificial lighting device of any kind be used. Broadcast media
representatives shall eliminate all excessive noise while in the courtroom; e.g., any equipment
coverings or cassette cases should be removed or opened before being brought into the
courtroom and may not be replaced or closed inside the courtroom. Television film magazines
(as distinct from videotape) and still camera film or lenses shall not be changed in the
courtroom except during a recess.
(b) The judge presiding in the proceedings may require any media representative intending
to cover the proceeding to demonstrate adequately in advance of the proceeding that the
equipment that will be used meets the light and sound standards of this rule.

(7) “Pooling” arrangements required by the limitations of this rule on media equipment and
personnel shall be the sole responsibility of the media without calling on the judge presiding in the
proceeding to mediate any dispute as to the appropriate representative or equipment authorized to
cover a particular proceeding. In the absence of advance media agreement on disputed equipment

or personnel issues, the judge presiding in the proceeding shall exclude all radio, television and still
photography coverage.

(8) Media representatives attending an appellate court proceeding shall be dressed so as not
to detract from the dignity of the court and may be removed from the courtroom for failure to wear
appropriate attire.

 

School of Journalism and Communication