Sec. 1-11B. Media Coverage of Civil Proceedings

Media Coverage of Civil Proceedings

(a) The broadcasting, televising, recording or

photographing of civil proceedings and trials in the

Superior Court by news media should be allowed,

subject to the limitations set forth herein and in

Section 1-10B.

(b) A judicial authority shall permit broadcasting, televising, recording or photographing of civil

proceedings and trials in courtrooms of the Superior Court except as hereinafter precluded or limited. As used in this rule, the word ‘‘trial’’ in jury

cases shall mean proceedings taking place after

the jury has been sworn and in nonjury proceedings commencing with the swearing in of the

first witness.

(c) Any party, attorney, witness or other interested person may object in advance of electronic

coverage of a civil proceeding or trial if there exists

a substantial reason to believe that such coverage

will undermine the legal rights of a party or will

significantly compromise the safety of a witness

or other interested person or impact significant

privacy concerns. To the extent practicable, notice

that an objection to the electronic coverage has

been filed, and the date, time and location of the

hearing on such objection shall be posted on the

Judicial Branch website. Any person, including

the media, whose rights are at issue in considering

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whether to allow electronic coverage of the proceeding or trial, may participate in the hearing

to determine whether to limit or preclude such

coverage. When such objection is filed by any

party, attorney, witness or other interested person, the burden of proving that electronic coverage of the civil proceeding or trial should be limited

or precluded shall be on the person who filed

the objection.

whether to allow electronic coverage of the proceeding or trial, may participate in the hearing

to determine whether to limit or preclude such

coverage. When such objection is filed by any

party, attorney, witness or other interested person, the burden of proving that electronic coverage of the civil proceeding or trial should be limited

or precluded shall be on the person who filed

the objection.

(d) The judicial authority, in deciding whether

to limit or preclude electronic coverage of a civil

proceeding or trial, shall consider all rights at issue

and shall limit or preclude such coverage only if

there exists a compelling reason to do so, there

are no reasonable alternatives to such limitation

or preclusion, and such limitation or preclusion is

no broader than necessary to protect the compelling interest at issue.

(e) If the judicial authority has a substantial reason to believe that the electronic coverage of a

civil proceeding or trial will undermine the legal

rights of a party or will significantly compromise

the safety or significant privacy concerns of a

party, witness or other interested person, and no

party, attorney, witness or other interested person

has objected to such coverage, the judicial authority shall schedule a hearing to consider limiting or

precluding such coverage. To the extent practicable, notice that the judicial authority is considering

limiting or precluding electronic coverage of a civil

proceeding or trial, and the date, time and location

of the hearing thereon shall be given to the parties

and others whose interests may be directly

affected by a decision so that they may participate

in the hearing and shall be posted on the Judicial

Branch website.

. To the extent practicable, notice that the judicial authority is considering

limiting or precluding electronic coverage of a civil

proceeding or trial, and the date, time and location

of the hearing thereon shall be given to the parties

and others whose interests may be directly

affected by a decision so that they may participate

in the hearing and shall be posted on the Judicial

Branch website.

(f) Objection raised during the course of a civil

proceeding or trial to the photographing, video or

audio recording of specific aspects of the proceeding or trial, or specific individuals or exhibits

will be heard and decided by the judicial authority,

based on the same standards as set out in subsection (d) of this section used to determine

whether to limit or preclude coverage based on

objections raised before the start of a civil proceeding or trial.

(g) The trial judge in his or her discretion, upon

the judge’s own motion or at the request of a

participant, may prohibit the broadcasting, televising, recording or photographing of any participant

at the trial. The judge shall give great weight to

requests where the protection of the identity of a

person is desirable in the interests of justice, such

as for the victims of crime, police informants,

undercover agents, relocated witnesses, juveniles and individuals in comparable situations.

SUPERIOR COURT—GENERAL PROVISIONS

Sec. 1-11B

‘‘Participant’’ for the purpose of this section shall

mean any party, lawyer or witness.

(h) The judicial authority shall articulate the reasons for its decision on whether or not to limit or

preclude electronic coverage of a civil proceeding

or trial and such decision shall be final.

(i) No broadcasting, televising, recording and

photographic equipment shall be placed in or

removed from the courtroom while the court is in

session. Television film magazines or still camera

film or lenses shall not be changed within the

courtroom except during a recess or other appropriate time in the trial.

ude electronic coverage of a civil proceeding

or trial and such decision shall be final.

(i) No broadcasting, televising, recording and

photographic equipment shall be placed in or

removed from the courtroom while the court is in

session. Television film magazines or still camera

film or lenses shall not be changed within the

courtroom except during a recess or other appropriate time in the trial.

(j) Only still camera, television and audio equipment which does not produce distracting sound

or light shall be employed to cover the trial. The

operator of such equipment shall not employ any

artificial lighting device to supplement the existing

light in the courtroom without the approval of the

trial judge and other appropriate authority.

(k) Except as provided by these rules, broadcasting, televising, recording and photographing

in areas immediately adjacent to the courtroom

during sessions of court or recesses between sessions shall be prohibited.

(l) The conduct of all attorneys with respect to

trial publicity shall be governed by Rule 3.6 of the

Rules of Professional Conduct.

(m) If there are multiple requests to broadcast,

televise, record or photograph the same civil proceeding or trial, the media representatives making

such requests must make pooling arrangements

among themselves, unless otherwise determined

by the judicial authority. The judicial authority shall

not mediate any disputes among the media

regarding pooling arrangements.

Rules of Professional Conduct.

(m) If there are multiple requests to broadcast,

televise, record or photograph the same civil proceeding or trial, the media representatives making

such requests must make pooling arrangements

among themselves, unless otherwise determined

by the judicial authority. The judicial authority shall

not mediate any disputes among the media

regarding pooling arrangements.

(n) Unless good cause is shown, any media or

pool representative seeking to broadcast, televise, record or photograph a civil proceeding or

trial shall, at least three days prior to the commencement of the proceeding or trial, send an

email request for media coverage to a person

designated by the chief court administrator to

receive such requests. The designee shall inform

the administrative judge, presiding judge of civil

matters, judicial authority who will hear the proceeding or who will preside over the trial, clerk,

and the supervising marshal of the request, and

the judicial authority shall allow such coverage

except as otherwise provided in this section.

(o) To evaluate and resolve prospective problems where broadcasting, televising, recording or

photographing of a civil proceeding or trial will

take place, and to ensure compliance with these

rules during the proceeding or trial, the judicial

authority who will hear the proceeding or preside

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over the trial may require the attendance of attorneys and media personnel at a pretrial conference. At such conference, the judicial authority

shall set forth the conditions of coverage in

accordance herewith.

TECHNICAL CHANGE: A technical change was made in

subsection (f) to update the terminology to align with current

technology and practice.