| Section
29.2 Appellate courts.
In respect to appellate courts, the Chief
Judge hereby authorizes electronic photographic recording
of proceedings in such courts, subject to the approval of
the respective appellate court and subject to the following
conditions.
(a) Equipment and personnel.
(1) Two portable videotape electronic television cameras
and two camera operators shall be permitted in any proceeding
in any appellate court.
(2) Two photographers to operate two still cameras with
not more than two lenses for each camera and related equipment
for print purposes shall be permitted in any proceeding in
any appellate court.
(3) One audio system for radio broadcast purposes shall
be permitted in any proceeding in any appellate court. Audio
pickup for all media purposes shall be accomplished from existing
audio systems in the court facility. If no technically suitable
audio system exists in the court facility, microphones and
related wiring essential for media purposes shall be unobtrusive
and shall be located in places designated in advance of any
proceeding by the presiding judge or justice of the court
hearing the appeal.
(4) Notwithstanding the provisions of paragraphs (1)-(3)
of this subdivision, the court may increase or decrease within
reasonable limits the amount of equipment that will be permitted
into the courtroom on finding (i) that there is a need therefor
because of special circumstances, and (ii) that it will not
impair the dignity of the court or the judicial process.
(5) Notwithstanding the provisions of paragraphs (1)-(3)
of this subdivision, the equipment authorized therein shall
not be admitted into the courtroom unless interested members
of the electronic media and interested print photographers
shall have entered into pooling arrangements, for their respective
groups, including the establishment of necessary procedures,
cost sharing, access to material, and selection of a pool
representative. The court may not be called upon to mediate
or resolve any dispute as to such arrangements. In making
pool arrangements, consideration shall be given to educational
users' needs for full coverage of entire proceedings.
(6) The pool operator covering the proceedings shall retain
pool material for one year. The pool operator shall make available
a copy of pool material at cost to educational users, to the
appellate court and to the Court of Appeals at their request.
(b) Sound and light criteria.
(1) Only television photographic and audio equipment and
still camera equipment which do not produce distracting sound
or light shall be employed to cover judicial proceedings.
Specifically, television photographic and audio equipment
shall produce no greater sound or light than the equipment
designated in section 29.4 of this Part annexed to these rules;
and still camera equipment shall produce no greater sound
or light than a 35mm Leica "M" Series Rangefinder
camera.
(2) It shall be the affirmative duty of media personnel
desiring to use equipment other than that authorized in these
rules or in section 29.4 of this Part to demonstrate to the
court adequately in advance of any proceeding that the equipment
sought to be utilized meets the sound and light criteria enunciated
herein. A failure to obtain advance approval for equipment
shall preclude its use in any proceeding.
(c) Location of equipment and personnel. Television and
still camera equipment and camera personnel shall be positioned
in such locations as shall be designated by the court. The
areas designated shall provide reasonable access to coverage
with the least possible interference with court proceedings.
Videotape recording equipment which is not a component part
of a television camera shall be located in an area outside
the court facility.
(d) Movement of equipment during proceedings. Electronic
still photographic and audio equipment shall not be placed
in, moved about or removed from the court facility, and related
personnel shall not move about the courtroom except prior
to commencement or after adjournment of proceedings each day,
or during a recess. Television film magazines and still camera
film or lenses shall be changed only during a recess in the
proceeding.
(e) Courtroom light sources. With the concurrence of the
court, modifications and additions may be made in light sources
existing in the facility, provided such modification or additions
are installed and maintained at media expense and provided
they are not distracting or otherwise offensive.
(f) Conferences of counsel. To protect the attorney-client
privilege and effective right to counsel, there shall be no
audio pickup or audio 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, without the express consent of all
participants in the conference. Nor shall any chambers conference
be filmed, recorded or broadcast.
(g) Consent not required. Electronic media or print photography
coverage of appellate arguments shall not be limited by the
objection of counsel or parties, except for good cause shown.
(h) Appellate review. An order granting or denying the electronic
media from access to any proceeding, or affecting other matters
arising under these rules and standards, shall not be appealable
insofar as it pertains to and arises under these rules and
standards except as otherwise provided and authorized by law.
Historical Note
Sec. filed May 3, 1971; repealed, new filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
