 |
| PART 131. Audio-visual
Coverage Of Judicial Proceedings |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
|
131.01 Purpose; general provisions
131.02 Definitions
131.03 Application for audio-visual coverage
131.04 Determination of the application
131.05 Review
131.06 Mandatory pretrial conference
131.07 Use & deployment of equipment &
personnel
131.08 Additional restrictions on coverage
131.09 Supervision of audio-visual coverage
131.10 Cooperation with committee
131.11 Appellate courts
131.12 Forms
131.13 Acceptable equipment |
| Section
131.01 Purpose; general provisions.
(a) These rules are promulgated to comport with the legislative
finding that an enhanced public understanding of the judicial
system is important in maintaining a high level of public
confidence in the Judiciary, and with the legislative concern
that cameras in the courts be compatible with the fair administration
of justice.
(b) These rules shall be effective for any period when audio-visual
coverage in the trial courts is authorized by law and shall
apply in all counties in the State.
(c) Nothing in these rules is intended to restrict any
preexisting right of the news media to appear at and to
report on judicial proceedings in accordance with law.
(d) Nothing in these rules is intended to restrict the power
and discretion ofthe presiding trial judge to control the
conduct of judicial proceedings.
(e) No judicial proceeding shall be scheduled, delayed,
reenacted or continued at the request of, or for the convenience
of, the news media.
(f) In addition to their specific responsibilities as provided
in these rules,all presiding trial judges and all administrative
judges shall take whatever steps are necessary to insure that
audio- visual coverage is conducted without disruption of
court activities, without detracting from or interfering with
the dignity or decorum of the court, courtrooms and court
facilities, without compromise of the safety of persons having
business before the court, and without adversely affecting
the administration of justice.
Historical Note
Sec. filed July 14, 1986; renum. 133.1, new filed Dec. 2,
1987; amds. filed: Oct. 17, 1989; Nov. 12, 1992; March 23,
1995 eff. March 23, 1995. Amended (b).
|
|
| Section
131.02 Definitions.
For purposes of this Part:
(a) "Administrative judge" shall mean the administrative
judge of each judicial district; the administrative judge
of Nassau County or of Suffolk County; the administrative
judge of the Civil Court of the City of New York, the Criminal
Court of the City of New York or the Family Court of the
City of New York; or the presiding judge of the Court of
Claims.
(b) "Audio-visual coverage" or "coverage" shall mean the
electronic broadcasting or other transmission to the public
of radio or television signals from the courtroom, the recording
of sound or light in the courtroom for later transmission
or reproduction, or the taking of still or motion pictures
in the courtroom by the news media.
(c) "News media" shall mean any news-reporting or news-gathering
agency and any employee or agent associated with such agency,
including television, radio, radio and television networks,
news services, newspapers, magazines, trade papers, in-house
publications, professional journals, or any other news-
reporting or news-gathering agency, the function of which
is to inform the public or some segment thereof.
(d) "Presiding trial judge" shall mean the justice or judge
presiding over judicial proceedings at which audio-visual
coverage is authorized pursuant to this Part.
(e) "Covert" or "undercover capacity" shall mean law enforcement
activity involving criminal investigation by peace officers
or police officers who usually and customarily wear no uniform,
badge or other official identification in public view.
(f) "Judicial proceedings" shall mean the proceedings of
a court or a judge thereof conducted in a courtroom or any
other facility being used as a courtroom.
(g) "Child" shall mean a person who has not attained the
age of 16 years.
(h) "Arraignment" shall have the same meaning as such term
is defined in subdivision nine of section 1.20 of the Criminal
Procedure Law.
(i) "Suppression hearing" shall mean a hearing on a motion
made pursuant to the provisions of section 710.20 of the
Criminal Procedure Law; a hearing on a motion to determine
the admissibility of any prior criminal, vicious or immoral
acts of a defendant; and any other hearing held to determine
the admissibility of evidence.
(j) "Nonparty witness" shall mean any witness in a criminal
trial proceeding who is not a party to such proceeding;
except an expert or professional witness, a peace or police
officer who acted in the course of his or her duties and
was not acting in a covert or undercover capacity in connection
with the instant court proceedings, or any government official
acting in an official capacity, shall not be deemed to be
a "nonparty witness".
(k) "Visually obscured" shall mean that the face of a participant
in a criminal trial proceeding shall either not be shown
or shall be rendered visually unrecognizable to the viewer
of such proceeding by means of special editing by the news
media.
Historical Note
Sec. filed Dec. 2, 1987; amds. filed: Oct. 17, 1989; Nov.
12, 1992 eff. Nov. 5, 1992. Amended (i); added (j)-(k). |
|
| Section
131.03 Application for audio-visual coverage.
(a)
Coverage of judicial proceedings shall be permitted only upon
order of the presiding trial judge approving an application
made by a representative of the news media for permission
to conduct such coverage.
(b)
(1) Except as provided in paragraph (2) of this subdivision,
an application for permission to conduct coverage of a judicial
proceeding shall be made to the presiding trial judge not
less than seven days before the scheduled commencement of
that proceeding. Where circumstances are such that an applicant
cannot reasonably apply more than seven days before commencement
of the proceeding, the presiding trial judge may shorten
the time period. The application shall be in writing and
shall specify such proceeding with sufficient particularity
to assist the presiding trial judge in considering the application,
and shall set forth which of the types of coverage described
in subdivision (b) of section 131.2 of this Part is sought,
including whether live coverage is sought. Upon receipt of
any application, the presiding trial judge shall cause all
parties to the proceeding to be notified thereof.
(2) An application for permission to conduct coverage of
an arraignment in a criminal case or of any other proceeding
after it has commenced may be made to the presiding trial
judge at any time and shall be otherwise subject to the
provisions of paragraph (1) hereof.
(3) Each application shall relate to one case or proceeding
only, unless the presiding trial judge permits otherwise.
(c) Where more than one representative of the news media
makes an application for coverage of the same judicial proceeding,
such applications shall be consolidated and treated as one.
Historical Note
Sec. filed Dec. 2, 1987 eff. Dec. 1, 1987. |
|
| Section
131.04 Determination of the application.
(a) Upon
receipt of an application pursuant to section 131.3, the
presiding trial judge shall conduct such review as may be
appropriate, including:
(1) consultation with the news media applicant;
(2) consultation with counsel to all parties to the proceeding
of which coverage is sought, who shall be responsible for
identifying any concerns or objections of the parties, prospective
witnesses, and victims, if any, with respect to the proposed
coverage, and advising the court thereof;
(3) review of all statements or affidavits presented to
the presiding trial judge concerning the proposed coverage.
Where the proceedings of which coverage is sought involve
a child, a victim, a prospective witness, or a party, any
of whom object to such coverage, and in any other appropriate
instance, the presiding trial judge may hold such conferences
and conduct any direct inquiry as may be fitting.
(b)
(1) Except as otherwise provided in paragraphs (2) and
(3) hereof or section 131.8 of this Part, consent
of the parties, prospective witnesses, victims or other participants
in judicial proceedings of which coverage is sought is not
required for approval of an application for such coverage.
(2) An application for audio-visual coverage of a trial
proceeding in which a jury is sitting, made after commencement
of such proceeding, shall not be approved unless counsel to
all parties to such proceeding consent to such coverage; provided,
however, this paragraph shall not apply where coverage is
sought only of the verdict or sentencing, or both, in such
proceeding.
(3) Counsel to each party in a criminal trial proceeding
shall advise each nonparty witness that he or she has the
right to request that his or her image be visually obscured
during said witness' testimony, and upon such request the
presiding trial judge shall order the news media to visually
obscure the visual image of the witness in any an all audio-visual
coverage of the judicial proceeding.
(c) In determining an application for coverage, the presiding
trial judge shall consider all relevant factors, including
but not limited to:
(1) the type of case involved;
(2) whether the coverage would cause harm to any participant;
(3) whether the coverage would interfere with the fair administration
of justice, the advancement of a fair trial, or the rights
of the parties;
(4) whether any order directing the exclusion of witnesses
from the courtroom prior to their testimony could be rendered
substantially ineffective by allowing audio-visual coverage
that could be viewed by such witnesses to the detriment
of any party;
(5) whether the coverage would interfere with any law enforcement
activity;
(6) whether the proceedings would involve lewd or scandalous
matters;
(7) the objections of any of the parties, prospective witnesses,
victims or other participants in the proceeding of which coverage
is sought;
(8) the physical structure of the courtroom and the likelihood
that any equipment required to conduct coverage of proceedings
can be installed and operated without disturbance to those
proceedings or any other proceedings in the courthouse; and
(9) the extent to which the coverage would be barred by
law in the judicial proceeding of which coverage is sought.
The presiding trial judge also shall consider and give great
weight to the fact that any party, prospective witness, victim,
or other participant in the proceeding is a child.
(d) Following review of an application for coverage of a
judicial proceeding, the presiding trial judge, as soon as
practicable, shall issue an order, in writing, approving such
application, in whole or in part, or denying it. Such order
shall contain any restrictions imposed by the judge on the
audio-visual coverage and shall contain a statement advising
the parties that any violation of the order is punishable
by contempt pursuant to article 19 of the Judiciary Law. Such
order shall be included in the record of such proceedings
and, unless it wholly approves the application and no party,
victim or prospective witness objected to coverage, it shall
state the basis for its determination.
(e) Before denying an application for coverage, the presiding
trial judge shall consider whether such coverage properly
could be approved with the imposition of special limitations,
including but not limited to:
(1) delayed broadcast of the proceedings subject to coverage
provided, however, where delayed broadcast is directed,
it shall be only for the purpose of assisting the news media
to comply with the restrictions on coverage provided by
law or by the presiding trial judge;
(2) modification or prohibition of audio-visual coverage
of individual parties, witnesses, or other trial participants,
or portions of the proceedings; or
(3) modification or prohibition of video coverage of individual
parties, witnesses, or other trial participants, or portions
of the proceedings.
Historical Note
Sec. filed Dec. 2, 1987; amds. filed: Oct. 17, 1989; Nov.
12, 1992 eff. Nov. 5, 1992. Amended (b)-(d). |
|
| Section
131.05 Review.
(a) Any order determining an application
for permission to provide coverage, rendered pursuant to section
131.4(d) of this Part, shall be subject to review by the administrative
judge in such form, including telephone conference, as he
or she may determine, upon the request of a person who is
aggrieved thereby and who is either:
(1) a news media applicant; or
(2) a party, victim, or prospective witness who objected
to coverage.
(b) Upon review of a presiding trial judge's order determining
an application for permission to provide coverage, the administrative
judge shall uphold such order unless it is found that the
order reflects an abuse of discretion by the presiding trial
judge, in which event the administrative judge may direct
such modification of the presiding trial judge's order as
may be deemed appropriate. Any order directing a modification
or overruling a presiding trial judge's order determining
an application for coverage shall be in writing.
(c) No judicial proceeding shall be delayed or continued
to allow for review by an administrative judge of an order
denying coverage in whole or in part.
(d) This section shall authorize review by the administrative
judge only of a presiding trial judge's order pursuant to
paragraph (b) of subdivision three of section 218 of the
Judiciary Law, determining an application for permission
to provide coverage of judicial proceedings and shall not
authorize review of any other orders or decisions of the
presiding trial judge relating to such coverage.
Historical Note
Sec. filed Dec. 2, 1987; amd. filed Oct. 17, 1989 eff. Oct.
11, 1989. Amended (d). |
|
| Section
131.06 Mandatory pretrial conference.
(a) Where a
presiding trial judge has approved, in whole or in part,
an application for coverage of any judicial proceeding,
the judge, before any such coverage is to begin, shall conduct
a pretrial conference for the purpose of reviewing, with
counsel to all parties to the proceeding and with representatives
of the news media who will provide such coverage, any objections
to coverage that have been raised, the scope of coverage
to be permitted, the nature and extent of the technical
equipment and personnel to be deployed, and the restrictions
on coverage to be observed. The court may include in the
conference any other person whom it deems appropriate, including
prospective witnesses and their representatives. In an appropriate
case, the presiding trial judge may conduct the pretrial
conference concurrently with any consultations or conferences
authorized by subdivision (a) of section 131.4.
(b) Where two or more representatives of the news media
are parties to an approved application for coverage, no such
coverage may begin until all such representatives have agreed
upon a pooling arrangement for their respective news media
prior to the pretrial conference. Such pooling arrangement
shall include the designation of pool operators and replacement
pool operators for the electronic and motion picture media
and for the still photography media, as appropriate. It also
shall include procedures for the cost-sharing and dissemination
of audio-visual material and shall make due provision for
educational users' needs for full coverage of entire proceedings.
The presiding trial judge shall not be called upon to mediate
or resolve any dispute as to such arrangement. Nothing herein
shall prohibit a person or organization that was not party
to an approved application for coverage from making appropriate
arrangements with the pool operator to be given access to
the audio-visual material produced by the pool.
(c) In determining the scope of coverage to be permitted,
the presiding trial judge shall be guided by a consideration
of all relevant factors, including those prescribed in subdivision
(c) of section 131.4 of this Part. Wherever necessary
or appropriate, the presiding trial judge shall, at any time
before or during the proceeding, proscribe coverage or modify,
expand, impose, or remove special limitations on coverage,
such as those prescribed in subdivision (e) of section 131.4.
Historical Note
Sec. filed Dec. 2, 1987 eff. Dec. 1, 1987. |
|
| Section
131.07 Use and deployment of equipment and personnel by the
news media.
(a) Limitations upon use of equipment
and personnel in the courtroom.
(1) No more than two electronic or motion picture cameras
and two camera operators shall be permitted in any proceeding.
(2) No more than one photographer to operate two still cameras,
with not more than two lenses for each camera, shall be permitted
in any proceeding.
(3) No more than one audio system for broadcast purposes
shall be permitted in any proceeding. Audio pickup for all
news media purposes shall be effectuated through existing
audio systems in the court facility. If no technically suitable
audio system is available, microphones and related wiring
essential for media purposes shall be supplied by those persons
providing coverage. Any microphones and sound wiring shall
be unobtrusive and placed where designated by the presiding
trial judge.
(4) Notwithstanding the provisions of paragraphs (1)-(3)
of this subdivision, the presiding trial judge on a finding
of special circumstances may modify any restriction on the
amount of equipment or number of operating personnel in the
courtroom, compatible with the dignity of the court or the
judicial process.
(b) Sound and light criteria.
(1) Only electronic and motion picture cameras, audio equipment
and still camera equipment that do not produce distracting
sound or light may be employed to cover judicial proceedings.
The equipment designated in Appendix A of
this Part shall be deemed acceptable.
(2) Use of equipment other than that authorized in Appendix
A of this Part may be permitted by the presiding trial judge
provided the judge is satisfied that the equipment sought
to be utilized meets the sound and light criteria specified
in paragraph (1) of this subdivision. A failure to obtain
advance approval shall preclude use of such equipment in
the coverage of the judicial proceeding.
(3) No motorized drives, moving lights, flash attachments,
or sudden lighting changes shall be permitted during coverage
of judicial proceedings.
(4) No light or signal visible or audible to trial participants
shall be used on any equipment during coverage to indicate
whether it is operating.
(5) With the concurrence of the presiding trial judge and
the administrative judge, modifications and additions may
be made in light sources existing in the court facility, provided
such modifications or additions are installed and maintained
at media expense and are not distracting or otherwise offensive.
(c) Location of equipment and personnel. Electronic and
motion picture cameras, still cameras, and camera personnel
shall be positioned in such locations as shall be designated
by the presiding trial judge. The areas designated shall provide
the news media with reasonable access to the persons they
wish to cover while causing the least possible interference
with court proceedings. Equipment that is not necessary for
audio-visual coverage from inside the courtroom shall be located
in an area outside the courtroom.
(d) Movement of equipment and media personnel. During the
proceedings, operating personnel shall not move about, nor
shall there be placement, movement or removal of equipment,
or the changing of film, film magazines or lenses. All such
activities shall take place each day before the proceeding
begins, after it ends, or during a recess.
(e) Identifying insignia. Identifying marks, call letters,
words, and symbols shall be concealed on all equipment. Persons
operating such equipment shall not display any identifying
insignia on their clothing.
(f) Other restrictions. The presiding trial judge may impose
any other restriction on the use and deployment of equipment
and personnel as may be appropriate.
Historical Note
Sec. filed Dec. 2, 1987; amd. filed Nov. 12, 1992 eff. Nov.
5, 1992. Amended (f). |
|
| Section
131.08 Additional restrictions on coverage.
(a) No
audio pickup or audio broadcast of conferences that occur
in a court facility between attorneys and their clients, between
co-counsel of a client, or between counsel and the presiding
trial judge, shall be permitted without the prior express
consent of all participants in the conference.
(b) No conference in chambers shall be subject to coverage.
(c) No coverage of the selection of the prospective jury
during voir dire shall be permitted.
(d) No coverage of the jury, or of any juror or alternate
juror, while in the jury box, in the courtroom, in the jury
deliberation room, or during recess, or while going to or
from the deliberation room at any time, shall be permitted
provided, however, that, upon consent of the foreperson of
a jury, the presiding trial judge may, in his or her discretion,
permit audio coverage of such foreperson delivering a verdict.
(e) No coverage shall be permitted of a witness, who as
a peace officer or police officer acted in a covert or undercover
capacity in connection with the proceedings being covered,
without the prior written consent of such witness.
(f) No coverage shall be permitted of a witness, who as
a peace officer or police officer is currently engaged in
a covert or undercover capacity, without the prior written
consent of such witness.
(g) No coverage shall be permitted of the victim in a prosecution
for rape, sodomy, sexual abuse, or other sex offense under
article 130 or section 255.25 of the Penal Law; notwithstanding
the initial approval of a request for audio-visual coverage
of such a proceeding, the presiding trial judge shall have
discretion throughout the proceeding to limit any coverage
that would identify the victim, except that said victim can
request of the presiding trial judge that audio-visual coverage
be permitted of his or her testimony, or in the alternative
the victim can request that coverage of his or her testimony
be permitted but that his or her image shall be visually obscured
by the news media, and the presiding trial judge in his or
her discretion shall grant the request of the victim for the
coverage specified.
(h) No coverage of any participant shall be permitted if
the presiding trial judge finds that such coverage is liable
to endanger the safety of any person.
(i) No coverage of any judicial proceedings that are by
law closed to the public, or that may be closed to the public
and that have been closed by the presiding trial judge, shall
be permitted.
(j) No coverage of any arraignment or suppression hearing
shall be permitted without the prior consent of all parties
to the proceeding; provided, however, where a party is not
yet represented by counsel, consent may not be given unless
the party has been advised of his or her right to the aid
of counsel pursuant to subdivision 4 of section 170.10 or
180.10 of the Criminal Procedure Law and the party has affirmatively
elected to proceed without counsel at such proceeding.
(k) No audio-visual coverage shall be permitted which focuses
on or features a family member of a victim or a party in
the trial of a criminal case, except while such family member
is testifying. Audio-visual coverage operators shall make
all reasonable efforts to determine the identity of such
persons, so that such coverage shall not occur. The restrictions
specified in subdivisions (a) through (k) may not be
waived or modified except as provided herein.
Historical Note
Sec. filed Dec. 2, 1987; amds. filed: Oct. 17, 1989; Nov.
12, 1992 eff. Nov. 5, 1992. Amended (d), (g), (j); added (k). |
|
| Section
131.09 Supervision of audio-visual coverage.
(a)
Coverage of judicial proceedings shall be subject to the continuing
supervision of the presiding trial judge. No coverage shall
take place within the courtroom, whether during recesses or
at any other time, when the presiding trial judge is not present
and presiding.
(b) Notwithstanding the approval of an application for permission
to provide coverage of judicial proceedings, the presiding
trial judge shall have discretion throughout such proceedings
to revoke such approval or to limit the coverage authorized
in any way. In the exercise of this discretion, the presiding
trial judge shall be especially sensitive and responsive to
the needs and concerns of all parties, victims, witnesses,
and other participants in such proceedings, particularly where
the proceedings unnecessarily threaten the privacy or sensibilities
of victims, or where they involve children or sex offenses
or other matters that may be lewd or scandalous. The presiding
trial judge shall be under a continuing obligation to order
the discontinuation or modification of coverage where necessary
to shield the identity or otherwise insure the protection
of any such person, party, witness, or victim, or in order
to preserve the welfare of a child.
(c) Counsel to each party in a trial proceeding that is
subject to coverage shall inquire of each witness that he
or she intends to call regarding any concerns or objections
such witness might have with respect to coverage. Where counsel
thereby is advised that a witness objects to coverage, counsel
shall so notify the presiding trial judge.
Historical Note
Sec. filed Dec. 2, 1987; amd. filed Oct. 17, 1989 eff. Oct.
11, 1989. Added (c). |
|
| Section
131.10 Cooperation with committee.
(a) All officers
and employees of the Unified Court System, and all participants
in proceedings where audio-visual coverage was permitted,
including judges, attorneys and jurors, shall cooperate with
the committee to review audio-visual coverage of court proceedings
in connection with the committee's review of the impact of
audio-visual coverage on such proceedings.
Historical Note
Sec. filed Dec. 2, 1987; amds. filed: Jan. 25, 1988; Oct.
17, 1989; repealed, new filed Nov. 12, 1992 eff. Nov. 5, 1992. |
|
|
Section 131.11 Appellate courts.
These rules shall
not apply to coverage of proceedings in appellate courts or
affect the rules governing such coverage contained in Part
29 of the Rules of the Chief Judge (22 NYCRR Part 29).
Historical Note
Sec. filed Dec. 2, 1987 eff. Dec. 1, 1987.
|
| Section
131.12 Forms.
The Chief Administrator will promulgate
and make available forms for applications pursuant to section
131.3 and for judicial orders pursuant to section 131.4 of
this Part.
Historical Note
Sec. filed Dec. 2, 1987; amds. filed: Oct. 17, 1989; Nov.
12, 1992 eff. Nov. 5, 1992. |
|
| Section
131.13 Acceptable equipment.
The following
equipment shall be deemed acceptable for use in audio-visual
coverage of trial court proceedings pursuant to Part 131
of the Rules of the Chief Administrator of the Courts:
(a) Video cameras.
Sony:BVP-3, BVP-3A, BVP-3U, BVP-5, BVP-30, BVP-33Am, BVP-50J,
BVP-110, BVP- 150, BVP-250, BVP-300, BVU-300, BVV-1, BVV-5,
DXC-3000, M-3
Ikegami:HL-79, HL-79D, HL-79E, HL-83, HL-95, ITC-170, SP-3A,
75-D, 79-E, 95, 730, 730a, 730ap
JVC:KY-1900, KY-2000, KY-2700, BY-110
RCA:TK-76
Thompson:501, 601
NEC:SP-3A
Sharp:XC-800
Panasonic:X-100 (the recam system in a camera/recorder combination)
Ampex:Betacam
(b) Still cameras.
Leica:M
Nikon: FE, F-3, FM-2, 2000
Canon:F-1, T-90
(c) Any other audio or video equipment may be used with
the permission of the presiding trial judge.
Historical Note
Sec. filed Dec. 2, 1987 eff. Dec. 1, 1987. |
|
|
