Rule 4-401. Media in the courtroom.

Intent:

To establish uniform standards and procedures for conduct and the use of photographic equipment in the courts of the state.

To permit access to the courtroom by the news media while preserving the participants' rights to privacy and a fair proceeding.

Applicability:

This rule applies to the courts of record and not of record.

This rule governs photography and conduct during sessions of court and recesses between sessions.

This rule shall not diminish the authority conferred by statute, rule or common law of the judge to control the conduct of proceedings in the courtroom.

As used in this rule, the term "courtroom" includes the courtroom and areas immediately adjacent to the courtroom.

Statement of the Rule:

(1)(A) Filming, video recording, and audio recording in a trial courtroom are prohibited except to preserve the official record of proceedings. With the permission of the judge presiding at the proceeding, an audio or video signal of proceedings may be transmitted and copied.

(1)(B) Filming, video recording, and audio recording in an appellate courtroom are permitted to preserve the official record of proceedings and as permitted by procedures of those courts. With the permission of the judge presiding at the proceeding, an audio or video signal of proceedings may be transmitted and copied.

(2) Still photography, filming and audio and video recording in the courtroom for ceremonial or court approved public information programs are permitted when arranged through the presiding judge of the court.

(3) No one may photograph a juror or prospective juror before the person is dismissed.

(4) Still photography in a courtroom is prohibited, but it may be permitted in the discretion of the judge presiding at the proceeding. Except on such terms as the judge presiding at the proceeding may prescribe, no one may photograph in the courtroom an exhibit or a document that is not part of the official public record or the face of a person known to the photographer to be a minor. A request to photograph in a courtroom shall be filed with the judge presiding at the proceeding at least 24 hours prior to the proceeding. A judge may permit photography with less than 24 hours notice upon a showing of good cause. In determining whether to permit still photography and, if so, how to regulate it, the judge presiding at the proceeding should consider whether:

(4)(A) photography can be accommodated without distracting the participants;

(4)(B) there is a substantial likelihood photography would jeopardize the right to a fair proceeding; or

(4)(C) the privacy interests of the victim of a crime, a party in a civil case or a witness outweigh the interest of the public in access to a photograph of the person.

(5) Conduct in the courtroom.

(5)(A) The judge presiding at the proceeding may position reporters and equipment in the courtroom to permit reasonable news coverage. Media representatives must share a single photographer.

(5)(B) Photographers shall not use flash or strobe lights. Media representatives shall use normally available courtroom equipment unless the presiding judge and the judge presiding at the proceeding approve modifications, which shall be installed and maintained without public expense.

(5)(C) Proceedings in the courtroom shall not be disrupted. Members of the media in the courtroom shall:

(5)(C)(i) avoid calling attention to themselves;

(5)(C)(ii) not place equipment in or remove equipment from the courtroom while court is in session;

(5)(C)(iii) not make comments in the courtroom during the court proceedings;

(5)(C)(iv) not comment to or within the hearing of the jury or any member thereof at any time before the jury is dismissed;

(5)(C)(v) present a neat appearance in keeping with the dignity of the proceedings;

(5)(C)(vi) not conduct interviews in the courtroom until the proceeding is concluded and the court is recessed;

(5)(c)(vii) not use a camera or tape recorder to conduct interviews in the courtroom; and

(5)(C)(viii) comply with the orders and directives of the court.

(6) In addition to contempt and any other sanctions allowed by law, the court may remove anyone violating these rules from the courtroom and revoke the privileges contained in this rule.