Sec. 1-11C. Media Coverage of Criminal Proceedings

Media Coverage of Criminal Proceedings

(a) Except as authorized by Section 1-11A

regarding media coverage of arraignments, the

broadcasting,

televising,

recording

or

photographing by media of criminal proceedings and

trials in the Superior Court shall be allowed except

as hereinafter precluded or limited and subject to

the limitations set forth in Section 1-10B.

(b) Except as provided in subsection (q) of this

section, no broadcasting, televising, recording or

photographing of trials or proceedings involving

sexual offense charges shall be permitted.

(c) 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. ‘‘Criminal proceeding’’ shall mean any

hearing or testimony, or any portion thereof, in

open court and on the record except an arraignment subject to Section 1-11A.

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

pool representative seeking to broadcast, televise, record or photograph a criminal 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 criminal 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.

ia coverage to a person

designated by the chief court administrator to

receive such requests. The designee shall inform

the administrative judge, presiding judge of criminal 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.

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

coverage of a criminal 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 person or impact significant privacy concerns. In the event that the media request

camera coverage and, to the extent practicable,

notice that an objection to the electronic coverage

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

SUPERIOR COURT—GENERAL PROVISIONS

Sec. 1-11C

hearing on such objection shall be posted on the

Judicial Branch website. Any person, including

the media, whose rights are at issue in considering

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 criminal proceeding or trial should be

limited or precluded shall be on the person who

filed the objection.

(f) The judicial authority, in deciding whether to

limit or preclude electronic coverage of a criminal

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.

deciding whether to

limit or preclude electronic coverage of a criminal

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.

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

criminal proceeding or trial will undermine the

legal rights of a party or will significantly compromise the safety or 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

criminal 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.

(h) Objection raised during the course of a criminal 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 (f) of this section used to determine whether

to limit or preclude coverage based on objections

raised before the start of a criminal proceeding

or trial.

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 (f) of this section used to determine whether

to limit or preclude coverage based on objections

raised before the start of a criminal proceeding

or trial.

(i) The judge presiding over the proceeding or

trial 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

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victims of crime, police informants, undercover

agents, relocated witnesses, juveniles and individuals in comparable situations. ‘‘Participant’’ for

the purpose of this section shall mean any party,

lawyer or witness.

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

preclude electronic coverage of a criminal proceeding or trial, and such decision shall be final.

(k) (1) Only one television camera operator,

utilizing one portable mounted television camera,

shall be permitted in the courtroom. The television

camera and operator shall be positioned in such

location in the courtroom as shall be designated

by the trial judge. Microphones, related wiring and

equipment essential for the broadcasting, televising or recording shall be unobtrusive and shall be

located in places designated in advance by the

trial judge. While the trial is in progress, the television camera operator shall operate the television

camera in this designated location only.

n such

location in the courtroom as shall be designated

by the trial judge. Microphones, related wiring and

equipment essential for the broadcasting, televising or recording shall be unobtrusive and shall be

located in places designated in advance by the

trial judge. While the trial is in progress, the television camera operator shall operate the television

camera in this designated location only.

(2) Only one still camera photographer shall

be permitted in the courtroom. The still camera

photographer shall be positioned in such location

in the courtroom as shall be designated by the

trial judge. While the trial is in progress, the still

camera photographer shall photograph court proceedings from this designated location only.

(3) Only one audio recorder shall be permitted

in the courtroom for purposes of recording the

proceeding or trial. Microphones, related wiring

and equipment essential for the recording shall

be unobtrusive and shall be located in places designated in advance by the trial judge.

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

or light shall be employed to cover the proceeding

or 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 judge presiding over the proceeding or trial and other appropriate authority.

(m) 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.

(n) The conduct of all attorneys with respect to

trial publicity shall be governed by Rule 3.6 of the

Rules of Professional Conduct.

proceeding or trial and other appropriate authority.

(m) 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.

(n) The conduct of all attorneys with respect to

trial publicity shall be governed by Rule 3.6 of the

Rules of Professional Conduct.

(o) If there are multiple requests to broadcast,

televise, record or photograph the same criminal

proceeding or trial, the media representatives

making such requests must make pooling arrangements

among

themselves,

unless

otherwise

determined by the judicial authority. The judicial

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Sec. 1-11C

authority shall not mediate any disputes among

the media regarding pooling arrangements.

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

photographing by media of a criminal 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 over the trial may require the attendance

of attorneys and media personnel at a pretrial conference.

(q) In a homicide case involving sexual assault,

the broadcasting, televising, recording or photographing by the media of the trial may be permitted

by the judicial authority, provided that the victim’s

family affirmatively consents to such coverage,

that no member of the victim’s family objects to

such coverage, and that the victim’s family have

been notified. As used in this section, ‘‘victim’s

family’’ shall mean a person’s spouse, parent,

grandparent,

stepparent,

aunt,

uncle,

niece,

nephew, child, including a natural born child, stepchild and adopted child, grandchild, brother, sister, half brother or half sister or parent of a

person’s spouse.

(Adopted June 29, 2007, to take effect Jan. 1, 2008;

amended June 20, 2011, to take effect Jan. 1, 2012; amended

June 26, 2020, to take effect Jan

ily’’ shall mean a person’s spouse, parent,

grandparent,

stepparent,

aunt,

uncle,

niece,

nephew, child, including a natural born child, stepchild and adopted child, grandchild, brother, sister, half brother or half sister or parent of a

person’s spouse.

(Adopted June 29, 2007, to take effect Jan. 1, 2008;

amended June 20, 2011, to take effect Jan. 1, 2012; amended

June 26, 2020, to take effect Jan. 1, 2021; amended June 10,

2022, to take effect Jan. 1, 2023.)