1. DEFINITIONS
"Judicial proceedings" or "proceedings"
as referred to in these rules shall include all public trials, hearings
or other proceedings of a trial or appellate court, for which expanded media
coverage is requested, except those specifically excluded by these rules.
"Expanded media coverage" includes broadcasting, televising, electronic
recording or photographing of judicial proceedings for the purpose of gathering
and disseminating news to the public.
"Judge" means the magistrate, district associate judge or district
judge presiding in a trial court proceeding or the presiding judge or justice
in an appellate proceeding.
"Good cause" for purposes of exclusion under these rules means
that coverage will have a substantial effect upon the objector which would
be qualitatively different from the effect on members of the public in general
and that such effect will be qualitatively different from coverage by other
types of media.
"Media coordinator" as referred to in these rules shall include
media coordinating councils as well as the designees of such coordinators
or councils.
2. GENERAL
Broadcasting, televising, recording and photographing will be permitted
in the courtroom and adjacent areas during sessions of the court, including
recesses between sessions, under the following conditions:
(a) Permission first shall have been granted expressly by the judge, who
may prescribe such conditions of coverage as provided for in these rules.
(b) Expanded media coverage of a proceeding shall be permitted, unless the
judge concludes, for reasons stated on the record, that under the circumstances
of the particular proceeding such coverage would materially interfere with
the rights of the parties to a fair trial.
(c) Expanded media coverage of a witness also may be refused by a judge
upon objection and showing of good cause by the witness. In prosecutions
for sexual abuse, or for charges in which sexual abuse is an included offense
or an essential element of the charge, there shall be no expanded media
coverage of the testimony of a victim-witness unless such witness consents.
Further, an objection to coverage by a victim-witness in any other forcible
felony prosecution, and by police informants, undercover agents and relocated
witnesses, shall enjoy a rebuttable presumption of validity. The presumption
is rebutted by a showing that expanded media coverage will not have a substantial
effect upon the particular individual objecting to such coverage which would
be qualitatively different from the effect on members of the public in general
and that such effect will not be qualitatively different from coverage by
other types of media.
(d) Expanded media coverage is prohibited of any court proceeding which,
under Iowa law, is required to be held in private. In any event, no coverage
shall be permiteed in any juvenile, dissolution, adoption, child custody
or trade secret cases unless consent on the record is obtained from all
parties (including a parent or guardian of a minor child).
(e) Expanded media coverage of jury selection is prohibited. Expanded media
coverage of the return of the jury's verdict shall be permitted. In all
other circumstances, however, expanded media coverage of jurors is prohibited
except to the extent it is unavoidable in the coverage of other trial participants
or courtroom proceedings. The policy of these rules is to prevent unnecessary
or prolonged photographic or video coverage of individual jurors.
(f) There shall be no audio pickup or broadcast of conferences in a court
proceeding between attorneys and their clients, between co-counsel, between
counsel and the presiding judge held at the bench or in chambers or between
judges in an appellate proceeding.
(g) The quantity and types of equipment permitted in the courtroom shall
be subject to the discretion of the judge within the guidelines set out
in the accompanying rules.
(h) Notwithstanding the provisions of any of these procedural or technical
rules, the presiding judge, upon application of the media coordinator, may
permit the use of equipment or techniques at variance therewith, provided
the application for variance is included in the advance notice of coverage
provided for in Rule 3(b). Objections, if any, shall be made as provided
by Rule 3(c). Ruling upon such a variance application shall be at the sole
discretion of the presiding judge. Such variances may be allowed by the
presiding judge without advance application or notice if all counsel and
parties consent to it.
(i) The judge may, as to any or all media participants, limit or terminate
photographic or electronic media coverage at any time during the proceedings
in the event the judge finds (1) that rules established under this Canon,
or additional rules imposed by the presiding judge, have been violated,
or (2) that substantial rights of individual participants or rights to a
fair trial will be prejudiced by such manner of coverage if it is allowed
to continue.
(j) The rights of photographic and electronic coverage provided herein may
be exercised only by persons or organizations which are part of the news
media.
(k) A judge may authorize expanded media coverage of investigative or ceremonial
proceedings at variance with these procedural and technical rules as the
judge sees fit.
3. PROCEDURAL
(a) Media coordinator and coordinating councils. Media coordinators shall
be appointed by the Supreme Court from a list of nominees provided by a
representative of the news media designated by the Supreme Court. The judge
and all interested members of the media shall work, whenever possible, with
and through the appropriate media coordinator regarding all arrangements
for expanded media coverage. The Supreme Court shall designate the jurisdiction
of each media coordinator. In the event a media coordinator has not been
nominated or is not available for a particular proceeding, the judge may
deny coverage or may appoint an individual from among local working representatives
of the media to serve as the coordinator for the proceeding.
(b) Advance notice of coverage.
All requests by representatives of the news media to use photographic equipment,
television cameras or electronic sound recording equipment in the courtroom
shall be made to the media coordinator. The media coordinator, in turn,
shall inform counsel for all parties and the presiding judge at least fourteen
days in advance of the time the proceeding is scheduled to begin, but these
times may be extended or reduced by court order. When the proceeding is
not scheduled at least fourteen days in advance, however, the media coordinator
or media coordinating council shall give notice of the request as soon as
practicable after the proceeding is scheduled.
Notice shall be in writing, filed in the appropriate clerk's office. A copy
of the notice shall be sent by ordinary mail to the last known address of
all counsel of record, parties appearing without counsel, the appropriate
court administrator and the judge expected to preside at the proceeding
for which expanded media coverage is being requested.
The notice form in the appendix to this Canon is illustrative and not mandatory.
(c) Objections.
A party to a proceeding objecting to expanded media coverage under Rule
2(b) shall file a written objection, stating the ground therefore, at least
three days before commencement of the proceeding. All witnesses shall be
advised by counsel proposing to introduce their testimony of their right
to object to expanded media coverage, and all objections by witnesses under
Rule 2(c) shall be filed prior to commencement of the proceeding. The objection
forms in the appendix to this Canon are illustrative and not mandatory.
All objections shall be heard and determined by the judge prior to the commencement
of the proceedings. The judge may rule on the basis of the written objection
alone. In addition, the objecting party or witness, and all other parties,
may be afforded an opportunity to present additional evidence by affidavit
or by such other means as the judge directs.
The judge in his or her absolute discretion may permit presentation of such
evidence by the media coordinator in the same manner. Time for filing of
objections may be extended or reduced at the discretion of the judge, who
also, in appropriate circumstances, may extend the right of objection to
persons not specifically provided for in these rules.
4. TECHNICAL
(a) Equipment specifications.
Equipment to be used by the media in courtrooms during judicial proceedings
must be unobtrusive and must not produce distracting sound. In addition,
such equipment must satisfy the following criteria, where applicable:
(1) Still cameras.
Still cameras and lenses must be unobtrusive, without distracting lighting
or sound.
(2) Television cameras and related equipment.
Television cameras are to be electronic and, together with any related equipment
to be located in the courtroom, must be unobtrusive in both size and appearance,
without distracting sound or light. Television cameras are to be designed
or modified so that participants in the judicial proceedings being covered
are unable to determine when recording is occuring.
(3) Audio equipment.
Microphones, wiring and audio recording equipment shall be unobtrusive and
shall be of adequate technical quality to prevent interference with the
judicial proceedings being covered. Any changes in existing audio systems
must be approved by the presiding judge. No modifications of existing systems
shall be made at public expense. Microphones for use of counsel and judges
shall be equipped with off-on switches to facilitate compliance with Rule
2(f).
(4) Advance approval.
It shall be the duty of media personnel to demonstrate to the presiding
judge reasonably in advance of the proceeding that the equipment sought
to be utilized meets the criteria set forth in this section. Failure to
obtain advance judicial approval for equipment and personnel may preclude
its use in the proceeding. All media equipment and personnel shall be in
place at least fifteen minutes prior to the scheduled time of commencement
of the proceeding.
(b) Lighting.
Other than light sources already existing in the courtroom, no flashbulbs
or other artificial light device of any kind shall be employed in the courtroom.
With the concurrence of the presiding judge, however, modifications may
be made in light sources existing in the courtroom (e.g., higher wattage
lightbulbs), provided such modifications are installed and maintained without
public expense.
(c) Equipment and pooling.
The following limitations on the amount of equipment and number of photographic
and broadcast media personnel in the courtroom shall apply:
(1) Still photography.
Not more than two still photographers, each using not more than two camera
bodies and two lenses shall be permitted in the courtroom during a judicial
proceeding at any one time.
(2) Television.
Not more than two television cameras, each operated by not more than one
camera person, shall be permitted in the courtroom during a judicial proceeding.
Where possible, recording and broadcast equipment which is not a component
part of a television camera shall be located outside of the courtroom.
(3) Audio.
Not more than one audio system shall be set up in the courtroom for broadcast
coverage of a judicial proceeding. Audio pickup for broadcast coverage shall
be accomplished from any existing audio system present in the courtroom,
if such pickup would be technically suitable for broadcast. Where possible,
electronic audio recording equipment and any operating personnel shall be
located outside of the courtroom.
(4) Pooling.
Where the above limitations on equipment and personnel make it necessary,
the media shall be required to pool equipment and personnel. Pooling arrangements
shall be the sole responsibility of the media coordinator, and the judges
shall not be called upon to mediate any dispute as to the appropriate
media representatives authorized to cover a particular judicial proceeding.
(d) Location of equipment and personnel.
Equipment and operating personnel shall be located in, and coverage of the
proceedings shall take place from, an area or areas within the courtroom
designated by the presiding judge. The area or areas designated shall provide
reasonable access to the proceeding to be covered.
(e) Movement during the proceedings.
Television cameras and audio equipment may be installed in or removed from
the courtroom only when the court is not in session. In addition, such equipment
shall at all times be operated from a fixed position. Still photographers
and broadcast media personnel shall not move about the courtroom while proceedings
are in session, nor shall they engage in any movement which attracts undue
attention. Still photographers shall not assume body positions inappropriate
for spectators.
(f) Decorum.
All still photographers and broadcast media personnel shall be properly
attired and shall maintain proper courtroom decorum at all times while covering
a judicial proceeding.
Table of Contents
Bicentennial of the Bill of Rights
Introductory Note by Chief
Justice Arthur A. McGiverin
Iowa FOI Council Guidelines
Regional Media Coordinators
Questions about EMC
Glossary