IN RE: AMENDMENT OF IDAHO )
ADMINISTRATIVE COURT )
RULES (I.C.A.R.) 45, 46a and 46b - )
CAMERAS IN THE COURTROOM ) ORDER
The Court having reviewed a recommendation from the Media and the Courts Committee for technical amendments to the rules pertaining to the use of cameras in courtrooms, and the Court being fully informed;
NOW, THEREFORE, IT IS HEREBY ORDERED, that Rules 45, 46a and 46b of the Idaho Court Administrative Rules be amended as follows:
Rule 45. Cameras in the courtroom.
(a) Video,
audio, and photographic coverage of public proceedings before district and
magistrate judges is authorized subject to the discretion of the presiding
judge. The presiding judge maintains the right to limit coverage or photography
of any public hearing when the interests of the administration of justice
requires. Authorization may be revoked at any time, without prior notice, when
in the course of discretion it appears that broadcast coverage or still
photographs of district or magistrate court proceedings are interfering in any
way with the proper administration of justice.
(b) The
presiding judge may, at his or her discretion, limit, restrict, or prohibit the
taking of photographs or coverage at any proceeding. Any decision regarding broadcasting, televising, recording, or
photographing of proceedings is not subject to appellate review.
(c)
Coverage of the following proceedings is prohibited:
(1) There
shall be no broadcast of conferences which occur in a court facility between
attorneys and their clients, between co-counsel of a client, or between counsel
and the presiding judge held at the bench. There shall be no still photography,
photographs, or television transmission of notes upon the counsel table, nor of
any exhibits before they are admitted into evidence. There shall be no
broadcast of verbal communications between attorneys and their clients, between
co-counsel of a client, between counsel and the presiding judge.
(2) There
shall be no recording or transmission of in-camera sessions
or judicial deliberations.
(3) There
shall be no recordings or broadcast transmissions of proceedings when they are
closed to the public including adoptions, mental health proceedings, child
protective act proceedings, termination of parent child relations, grand jury proceedings,
issuance of arrest and search warrant proceedings covered by Rule 32, Idaho
Administrative Rules, or a comparable rule when the proceeding may be closed to
effectuate the purposes of the rule.
(d) The
presiding judge may exclude electronic media coverage and prohibit still photography of a particular participant or direct that
the identity or audio of a participant be concealed upon a determination that
such coverage will have a substantial adverse effect upon a particular
individual. It is expected the presiding judge will exercise particular
sensitivity to victims of crime.
(e) The
administrative district judge shall promulgate rules governing coverage outside
the courtroom in courthouses within the judicial district.
(f) It is
the responsibility of each broadcast news representative present at the
beginning of each session of court to achieve an understanding with all other
broadcast representatives as to who will function at any given time, or in the
alternative, how they will pool their photographic coverage. This understanding
shall be reached outside the courtroom and without
imposition upon the presiding judge or court personnel. The presiding judge
shall not be called upon to resolve any disputes except to determine that if
the broadcast representatives cannot agree broadcast coverage will not take
place.
(g)
Approval to broadcast or photograph a court proceeding must be obtained in
advance from the presiding judge.
(h) If
coverage is authorized, rules governing the media shall be established at each
judge's discretion. Coverage may be authorized subject to the following
guidelines:
(1) Jury
-- Photographing or videotaping of the jury or jurors is prohibited,
including during jury selection.
(2) Light
-- Existing light only may be used for still photography or video coverage.
Electronic flash or artificial lighting is prohibited.
(3) Camera Noise -- Camera noise and
distractions shall be kept to a minimum.
(4) Still
Photography -- External motor drives shall not be used. Manual film
advance or quiet built-in winders shall be used in a manner that does not
disrupt the court proceedings. The number of exposures shall be kept to a
minimum. Fast random shooting of photographs is not permitted.
(5) Video
Coverage -- No video or television camera shall give any
indication of whether it is operating.
(6) Audio
-- Any audio equipment shall be placed as determined by the presiding judge.
There shall be no broadcast of confidential communications. If there is
coverage by both radio and television, the microphones used shall serve each
system without duplication.
(7)
Location -- Media shall be in a position at least 15 minutes before court
begins. Media positions shall not change while court is in session. The
specific location or locations of media must be approved in advance by the
presiding judge or designee.
(8) Dress
-- Media representation shall present a neat appearance and conduct themselves
in keeping with the dignity of the court proceedings as determined
by the presiding judge.
(9)
Pooling -- Only one still photographer and one camera
operator shall be permitted in the courtroom. The
presiding judge may allow additional cameras. Media
organizations must arrange for pooling.
(i) The
presiding judge may require any media representative to demonstrate adequately
in advance of a proceeding that the equipment to be used meets the standards of
the rule.
(j) The
public shall not be required to incur any expenses to accommodate cameras or other equipment covered by this rule. Any
proposal by media representatives to modify existing facilities at media
expense to accommodate use of equipment in the courtroom
shall be submitted to the trial court administrator for the district. A final
proposal shall be submitted to the administrative district judge for acceptance,
modification or rejection. When planning courtroom
construction or remodeling, consideration shall be given to accommodations that
will provide broadcast and print media with reasonable access to court
proceedings.
(k) The
Media/Courts Committee shall on an ongoing basis evaluate the use of cameras in the
courtroom, and at any time bring forth recommendations to amend or modify this
order.
Rule 46a. Cameras in the
Supreme Court courtroom.
Broadcast
and photographic coverage, including radio, television, electronic recording of
public hearings and appeals before the Supreme Court and Court of Appeals in
the Supreme Court courtroom in Boise are subject to the following guidelines:
1.
BEHAVIOR. Any media coverage must be designed so as to not interfere with the
dignity of the proceedings, or to distract counsel or the Court.
2. DRESS.
Media representatives should present a neat appearance in keeping with the
dignity of the proceedings.
3.
RECORDING. Any recordings or broadcasts must be made through the audio system
provided by the Court. No separate mikes will be allowed to be set up in the
courtroom. The Court will provide a series of balanced line outlets for use
with standard connections to connect to television cameras, radio broadcasting
devices and recorders in the press box in the back of the courtroom. In the
event of demand greater than the outlets provided, media representatives will
make pooling arrangements among themselves. No taping or recording of
conversations between co-counsel or counsel and client is allowed.
4.
LOCATION. Television coverage will be allowed only from the press box
overlooking the courtroom. Still photographs may be taken at locations in the
courtroom designated by the Court.
5. STILL
PHOTOGRAPHY. Electronic flash is prohibited. Photographers must use quiet
camera equipment to minimize distraction from the judicial proceedings. or
flash cubes, as well as motorized cameras, are prohibited from use in the
courtroom and/or press box. Photographers must use either 35mm single lens
reflex cameras or rangefinder cameras with shutters no louder than the normal
shutter release for a 35mm range finder camera.
7.
OFFICIAL RECORD OF PROCEEDING. The recording machine operated by the Clerk is
the only official record of the appeal hearing, and no party shall cite in any
court or administrative agency proceeding any other recording of the Supreme
Court or Court of Appeals hearings.
8.
MOVEMENT IN COURTROOM. Still camera photography will be allowed only in
locations designated by the Court. Still camera photographers will cover
proceedings, without undue movement, and the photographer's movements in the
courtroom while taking pictures should be unobtrusive. A photographer should
not, for example, assume body positions inappropriate to a courtroom
proceeding.
9.
LIAISON. The Administrative Director of the Courts shall maintain communication
and liaison with media representatives so as to ensure smooth working
relationships and to provide any suggestions to improve these guidelines.
10. PRESS
BOX IN SUPREME COURT COURTROOM. Access to the press box overlooking the
courtroom shall be limited to working press representatives and others approved
by the Court. The Clerk of the Courts shall provide a chart of Justices and
Judge seating to be posted in the press box.
11. LIVE COVERAGE OF COURT PROCEEDINGS. Live coverage of any hearing
or appeal my be restricted in the interests of the administration of justice.
12.
NUMBER OF TELEVISION CAMERAS. More than one television camera may be present
and functioning in the press box of the courtroom at a time, so long as
multiple coverage does not result in excessive noise or movement or otherwise
distract attention from the judicial proceedings.
13.
NUMBER OF STILL PHOTOGRAPHERS. Unless specifically authorized by the Court, no
more than two still photographers are to be taking pictures in the courtroom at
any one time. It is the responsibility of each photographer present at the
opening of each session of court to achieve an understanding with all other
photographers present as to who will participate at any given time or, in the
alternative, how they will pool their photographic coverage. This understanding
must be reached outside the courtroom and before the court session, and without
imposing on the Justices, Judges or court personnel.
Rule 46b. Cameras in courtroom during terms of court outside of Boise.
Broadcast and photographic coverage, including radio, television,
electronic recording of public hearings and appeals before the Supreme Court
and Court of Appeals outside of the Supreme Court courtroom in Boise are subject to the following guidelines:
1.
BEHAVIOR. Any media coverage must be designed so as to not interfere with the
dignity of the proceedings, or to distract counsel or the Court.
2. DRESS.
Media representatives should present a neat appearance in keeping with the
dignity of the proceedings.
3. MICROPHONE
AUDIO SYSTEM POOLING. Only one pool audio broadcast system
microphone will be allowed to be set up in the courtroom for the purpose
of broadcast or Internet coverage and electronic recording. If multiple
more than one broadcast outlet desires coverage is desired,
it is the responsibility of broadcast or Internet representatives to
determine, among themselves, pooling arrangements for use of the audio
broadcast system single media microphone or sharing of recorded
material. All pooling agreements must be reached outside the courtroom and
before the court session, and must be done without imposing on the Justices,
Judges or court personnel. Placement of the single media microphone will be
in a location as near as possible to the court microphone maintained by the
Clerk of the Court.
5. STILL
PHOTOGRAPHY. Electronic flash is prohibited. Photographers must use quiet
camera equipment to minimize distraction from the judicial proceedings. or
flash cubes, as well as motorized cameras, are prohibited from use in the
courtroom and/or press box. Photographers must use either 35mm single lens
reflex cameras or rangefinder cameras with shutters no louder than the normal
shutter release for a 35mm range finder camera.
7.
OFFICIAL RECORD OF PROCEEDING. The recording machine operated by the Clerk is
the only official record of the appeal hearing, and no party shall cite in any
court or administrative agency proceeding any other recording of the Supreme
Court or Court of Appeals hearings. No taping or recording of conversations
between co-counsel or counsel and client is allowed.
8. MOVEMENT
IN COURTROOM. Still camera photography will be allowed only in locations
designated by the Court. Still camera photographers will cover proceedings,
without undue movement, and the photographer's movements in the courtroom while
taking pictures should be unobtrusive. A photographer should not, for example,
assume body positions inappropriate to a courtroom proceeding.
9.
LIAISON. The Administrative District Judge or at the Administrative District
Judge's direction, the Trial Court Administrator for each judicial district
shall maintain communication and liaison with media representatives so as to
ensure smooth working relationships and to provide any suggestions to improve
these guidelines.
10.
TELEVISION POOLING REQUIRED. Unless specifically authorized by the Court, no
more than one television camera should be taking pictures in the courtroom at
any one time. If multiple coverage is desired, it is the responsibility of
broadcast representatives as to who will participate at any given time or, in
the alternative, how they will pool their broadcast coverage. This
understanding should be reached outside the courtroom and before the court
session, and must be done without imposing on the Court or court personnel.
11.
NUMBER OF STILL PHOTOGRAPHERS. Unless specifically authorized by the Court, no
more than two still photographers are to be taking pictures in the courtroom at
any one time. It is the responsibility of each photographer present at the
opening of each session of court to achieve an understanding with all other
photographers present as to who will participate at any given time or, in the
alternative, how they will pool their photographic coverage. This understanding
must be reached outside the courtroom and before the court session, and without
imposing on the Court or court personnel.
IT IS FURTHER ORDERED, that this order shall be effective on the
15th day of December, 2005.
DATED this __6th___ day of
December, 2005.
By Order of the Supreme Court
____/s/______________________________
Gerald F. Schroeder, Chief Justice
ATTEST: ____/s/______________________