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RULE 26 - MEDIA
(A) Definitions, Applications
(1) For the purpose of these rules, the term "media
recording" shall be understood to encompass broadcasting,
televising, recording, or photographs. The term "trial"
shall be understood to apply to any public hearing held
by the Court.
(2) Application for media recording shall be made in writing
to the assigned judge in the case prior to the commencement
of the trial. No special form of application will be required,
but the application must specify the type of equipment to
be used, and must identify and be signed by the applicant.
The "pooling" required by Superintendence Rule
9 for Municipal Courts and County Courts shall be accomplished
prior to submission of the application. The positioning
of the cameras shall be at a location to be determined by
the trial judge.
(3) In the event the Judge approves the application, a
journal
entry or written agreement setting forth the conditions
of media recording shall be made a part of the record of
the case. Before preparing the journal entry, the Judge
or his/her designee shall confer with media representatives
regarding the positioning of the operators and equipment.
(4) The journal entry or agreement shall state whatever
portions of the trial shall not be open to media recording.
In the event that any time subsequent to the signing and
filing of the journal entry the Judge shall decide to withhold
media recording of any part of the trial, such decision
and order shall be entered into the record of the case.
(5) In the event of a continuance of the trial for a period
of more than thirty (30) days, a new application shall be
required.
(6) At any arraignment room session, application in writing
may be made anytime before the session. The Court may give
permission for the reporting or recording of any portion
of the session without a formal journal entry. Positioning
of any equipment shall be at the complete discretion of
the arraignment room Judge.
(B) Limitations
(1) Any equipment which is nonportable shall be set up and
ready
for operation prior to the commencement of court sessions.
In no event will persons be permitted to bring equipment
into the courtroom during trial unless such equipment can
be easily carried by a single person and without causing
a distraction or disturbance.
(2) No media recording of proceedings in the Judge's chambers
or accesses shall be permitted except with the express permission
of the Judge. No media recording shall be permitted in jury
deliberation rooms at any time during the course of the
trial or after the case has been submitted to the jury.
No pictures of jurors may be taken at any time.
(3) Audio equipment shall be so controlled that it will
not pick up conferences or conversations between counsel
and client, between counsel and the Judge at the bench,
or between counsel and official court reporter as in the
case of a proffer.
(4) The Judge, counsel, and witness shall not address any
remark to the media when the Court is in session. In all
respects, the trial shall proceed in exactly the same manner
as though there was no media recording in process.
(5) No media recording shall be made of any document or
exhibit before or after such document or exhibit is admitted
into evidence, except those which are clearly visible to
spectators, e.g., maps, charts, blackboards, etc.
(6) The Judge shall inform victims and witnesses of their
right to object to being filmed, videotaped, recorded or
photographed. Upon objection the media are prohibited from
employing any means to record the victim or witness.
(7) No photographic or electronic equipment may be used
in the courtroom which causes distracting sound or light.
(C) Sanctions
(1) Upon failure to comply with the orders of the Judge
or with the Superintendence Rules for Municipal Courts and
County Courts, the Judge may revoke any permission previously
granted.
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