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Uniform Trial Court Rules

3.180
MEDIA OR OTHER PUBLIC ACCESS COVERAGE OF COURT EVENTS

 

 

 

 

(1) Courtrooms. Upon request or on the court's own motion, after notice to all parties, public
access coverage shall be allowed in any courtroom, except as provided under this rule.


(2) There shall be no public access coverage of the following:
(a) Proceedings in chambers.
(b) Any notes or conversations intended to be private including, but not limited to,
counsel and judges at the bench and conferences involving counsel and their clients.
(c) Dissolution, juvenile, paternity, adoption, custody, visitation, support, mental
commitment, trade secrets, and abuse, restraining and stalking order proceedings.
(d) At a victim's request, sex offense proceedings.
(e) Voir dire.
(f) Any juror anywhere during the course of the trial in which he or she sits.
(g) Recesses.

(3) Limitations on Denial of Public Access Coverage in Courtrooms. A judge may deny a
request for or terminate public access coverage only if the judge makes findings of fact on
the record setting forth substantial reasons for the denial. The judge may prohibit public
access coverage if there is a reasonable likelihood of any of the following:
(a) The public access coverage would interfere with the rights of the parties to a fair trial
or would affect the presentation of evidence or outcome of the trial.
(b) Any cost or increased burden resulting from the public access coverage would
interfere with the efficient administration of justice.

(4) A judge may summarily prohibit public access coverage of a particular witness only if the
judge finds on the record that public access coverage would endanger the welfare of the
witness or materially hamper the witness' testimony.

(5) Areas Outside of Courtrooms. The presiding judge may allow public access coverage in
any area outside the courtroom that is on the courthouse premises and under the control
and supervision of the court. Courts are encouraged to designate an area or areas
outside the courtroom that is on the courthouse premises for public access coverage. For
areas subject to this subsection, each judicial district, by SLR, may establish, for any court
location, procedures for obtaining permission for public access coverage that differ from
this subsection or may designate locations where public access coverage is allowed or
prohibited. SLR 3.181 is reserved for SLR adopted under this subsection.

(6) Public Access Coverage Defined. As used in this rule:
(a) "Public access coverage" means coverage by means of any public access coverage
equipment.
(b) "Public access coverage equipment" means any of the following in the possession of
persons other than the court or the court's staff: television equipment; still
photography equipment; audio, video, or other electronic recording equipment.

(7) Equipment and Personnel for Public Access Coverage. The court may limit the location of
public access coverage equipment. One pool video camera and one pool still camera and
one pool tape recorder shall be permitted.
(a) No public access coverage device shall be operated by more than one person.
(b) No person shall use public access coverage equipment that interferes or distracts
from proceedings in the courtroom.
(c)The video camera must be mounted on a tripod or other device or installed in the
courtroom. The tripod or other device must not be moved while the proceedings are
in session. Video equipment must be screened where practicable or located and
operated as directed by the court.
(d) No artificial lighting devices of any kind shall be allowed.
(e) Any pooling arrangement required by limitations on equipment and personnel
imposed by the judge or by this rule must be the sole responsibility of the persons
seeking public access coverage, without calling upon the judge to mediate any
disputes involved therein.
In the absence of agreement on such issues by persons seeking public access
coverage, the judge may exclude any or all public access coverage.

(8) Upon request, any person engaging in public access coverage of a court event or in a
courtroom, courthouse, its premises, or environs under the control and supervision of the
court must provide to the court, without expense, or to any other person, if the requestor
pays actual copying expense, a copy of any public access coverage the person
performed.

(9) A judge may impose other restrictions or limitations necessary to preserve the solemnity,
decorum, and dignity of the court and to protect the parties, witnesses, and jurors. A
judge may terminate any or all public access coverage at any point upon finding, based on
substantial reasons in the record, that this UTCR or other rules imposed by the judge have
been violated.

(10) Nothing in this rule is intended to limit the court's contempt powers.

(11) Nothing in this rule shall alter or affect the rules of the Supreme Court promulgated under
" Video-Trial Project No. 88-38." Under that project, the audio-video coverage constitutes
the entire record. In all other courts, the record shall be preserved with court reporters or
audiotape. Restrictions on releasing audio-video coverage in courts participating in the
Video-Trial Project shall be set forth in separate rules.

NOTE: UTCR 3.180 was adopted by the entire Oregon Supreme Court, and any changes to the
rule will be made only with the consent of the Supreme Court.

 

 

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