| Electronic and
Photographic Coverage of Public Judicial Proceedings Electronic and still photographic coverage of public judicial proceedings in
the court room and areas immediately adjacent thereto during sessions of court may be
permitted in accordance with the following guidelines:
- No electronic or still photographic coverage of juvenile court
proceedings shall be permitted, except that such coverage may be permitted in adoption
proceedings for the purpose of memorializing the event, with the agreement of the parties
to the proceeding and the court.
- Electronic and still photographic coverage of public judicial
proceedings other than the proceedings specified in paragraph (a) above may be permitted
in the sole discretion of the judge of the particular proceeding giving due consideration
to the following factors:
(i) The impact of coverage upon the right of any party to a fair trial;
(ii) The impact of coverage upon the right of privacy of any party or witness;
(iii) The impact of coverage upon the safety and well-being of any party, witness
or juror;
(iv) The likelihood that coverage would distract participants or would detract from
the dignity of the proceedings;
(v) The adequacy of the physical facilities of the court for coverage; and
(vi) Any other factor affecting the fair administration of justice.
- Electronic and still photographic coverage of the appearance
or testimony of a particular witness may be prohibited if, in the sole discretion of the
judge of the proceeding, the judge determines that such coverage would have a
substantially greater adverse impact upon the witness or his or her testimony than
non-electronic and non-photographic coverage would have.
- Nothing in paragraph (b) or (c) above shall be construed as
requiring the judge of the particular proceeding to state grounds or make findings in
support of the determination to permit, limit or preclude electronic and still
photographic coverage, and the exercise of the judges discretion in limiting or
precluding such coverage shall not be subject to judicial review.
- The law generally applicable to inclusion or exclusion of the
press or public at court proceedings or during the testimony of particular witness shall
apply to the coverage hereunder.
- Requests by the media for coverage shall be made to the judge
of the particular proceeding sufficiently in advance of the proceeding or portion thereof
as not to delay or interfere with it. The judge shall notify all parties and witnesses of
the request.
- Objections of a party to coverage must be made on the record
prior to commencement of the proceeding or portion thereof for which coverage is
requested. Objections of a non-party witness to coverage of his or her appearance or
testimony may be made to the judge at any time. Any objection not so made will be deemed
waived. This provision shall not diminish the judges authority to preclude or limit
coverage of a proceeding in the judges sole discretion as above provided.
- Nothing herein shall alter the obligation of any attorney to
comply with the provisions of the Arizona Rules of Professional Conduct governing trial
publicity.
- Individual journalists may use their personal audio recorders
in the courtroom, but such usage shall not be obtrusive or distracting and no changes of
tape or reels shall be made during court sessions. In all other respects, news reporters
or other media representatives not using cameras or electronic equipment shall not be
subject to these guidelines.
- No media film, videotape, still photograph or audio
reproduction of a judicial proceeding shall be admissible as evidence in such proceeding
or in any retrial or appeal thereof.
- Coverage of jurors in a manner that will permit recognition of
individual jurors by the public is strictly forbidden. Where possible, cameras should be
placed so as to avoid photographing jurors in any manner.
- There shall be no audio recording or broadcasting of
conferences in the court room between attorneys and their clients, between attorneys, or
between attorneys and the court.
- It shall be the responsibility of the media to settle disputes
among media representatives, facilitate pooling where necessary, and implement procedures
which meet the approval of the judge of the particular proceeding prior to any coverage
and without disruption to the court. If necessary the media representatives shall elect a
spokesperson to confer with the court.
- No more than one television camera and one still camera
mounted on a tripod, each with a single camera operator, shall be permitted in the
court room for coverage at any time while court is in session. The broadcast media shall
select a representative to arrange the pooling of media participants. The court shall not
participate in the pooling agreement.
- The judge of a particular proceeding shall, in a manner which
preserves the dignity of the proceeding, designate the placement of equipment and
personnel for electronic and still photographic coverage of that proceeding, and all
equipment and personnel shall be restricted to the area so designated. Whenever possible,
media equipment and personnel shall be placed outside the court room. Videotape recording
equipment not a component part of a television camera shall be placed outside the
court room. To the extent possible, wiring shall be hidden, and in any event shall not be
obtrusive or cause inconvenience or hazard. While the court is in session, equipment shall
not be installed, moved or taken from the court room, nor shall photographers or camera
operators move about the court room.
- All persons engaged in the coverage permitted hereunder shall
avoid conduct or dress which may detract from the dignity of the proceedings.
- If possible, media equipment shall be connected to existing
court room sound systems. No flash bulbs, strobe lights or other artificial lights or any
kind shall be brought into the court room by the media for use in coverage of a proceeding.
Where the addition of higher wattage light bulbs, additional standard light fixtures,
additional microphones or other modifications or improvements are sought by the media, the
media, through their spokesperson, shall make their recommendations to the presiding judge
of the Superior Court , who may direct whatever modifications or improvements deemed
necessary. Any such modifications or improvements shall be made and maintained without
public expense.
- Television or still cameras which produce distracting sound
shall not be permitted. In this regard, the presiding judge may consider a still camera
acceptable so long as it is contained in a "blimp" system or is the type of
camera such as a Nikon F4 with a Nikon CS-13 camera blimp (otherwise known as a
"corduroy sock") which effectively muffles camera sounds.
- Cameras and microphones used in the coverage permitted
hereunder shall meet the "state of the art." A camera or microphone shall be
deemed to meet the "state of the art" when equal in unobtrusiveness, technical
quality and sensitivity to equipment in general usage by the major broadcast stations in
the community in which the court room is located. The current "state of the art"
for television cameras shall be met by cameras meeting or exceeding the performance levels
of the RCA TK-76 camera system or the IKEGAMI HL-77 camera system or the SONY BP300 camera
system.
- Any questions concerning whether particular equipment complies
with these guidelines shall be resolved by the presiding judge of the Superior Court or
designee.
- To facilitate implementation of this rule, the presiding judge
of the Superior Court may appoint an advisory committee to make recommendations regarding
improvements affecting media coverage of judicial proceedings.
- In the case of coverage of proceedings in the Arizona Supreme
Court and Courts of Appeal, references herein to the "judge of the particular
proceeding" or the "presiding judge of the Superior Court" shall mean the
Chief Justice of the Arizona Supreme Court or the Chief Judge of the Court of Appeals, as
the case may be.
Added June 15, 1993, effective Sept. 1, 1993. Amended nunc
pro tunc July 27, 1993; nunc pro tunc August 30, 1993. |