1. COMMONLY ASKED
QUESTIONS |
Addition/
modification to rule 980?
|
Refer to rule
980 section:
|
See the
following section(s) in this booklet:
|
What is the scope of rule 980?
Rule 980 covers photographing, recording, and
broadcasting in the courtroom using any
television, radio, photographic, or recording
equipment. Such equipment can include: personal
recording devices, microphones, still cameras,
and television cameras. |
No |
N/A |
N/A |
| |
Does the revised rule contain any new
terminology?
Yes, the revised rule employs new definitions for
the following terminology:
- "Media coverage";
- "Court"; and
- "Judge."
|
Yes
|
980(b)(1)
980(b)(3)
980(b)(4)
|
N/A
|
|
Does rule 980 create a
presumption for or against media coverage?
No, the introduction to the rule specifically
states that the rule does not create a
presumption either way. |
Yes |
980(a) |
E.2. |
| |
When is media coverage allowed
or not allowed?
The rule specifically forbids media coverage of
the following:
- Proceedings held in chambers;
- Jury selection;
- Jurors or spectators;
- A conference between attorneys;
- A conference between counsel and the
judge at the bench
("sidebars");
- Conferences between an attorney and a
client, a witness, or an aide; and
- All other proceedings closed to the
public.
Judges are to use their discretion over the
use of media coverage in other areas, including
all pretrial hearings in criminal cases.
|
Yes |
980(e)(6) |
N/A |
| |
What constitutes a
"conference" between an attorney and a
client or an attorney and an aide?
Rule 980 does not define the term
"conference." Judges are encouraged to
use their discretion. |
No |
N/A |
N/A |
Are there any exceptions to
rule 980?
Yes, there are two exceptions:
- Courts may photograph or videotape
sessions for judicial education or
publication.
- The rule does not apply to closed-circuit
television broadcasts solely within the
courthouse or between court facilities if
the broadcasts are controlled by the
court and court personnel.
|
Yes |
980(c) |
N/A |
What about the use of personal
recording devices?
Use of personal tape recorders, for note-taking
purposes only, may be permitted by the judge. The
judge's permission must be obtained in advance.
Previously, it was required that the person
inform the court in advance. |
Yes |
980(d) |
N/A |
| |
How does the court establish
jurisdiction over all requesting media agencies?
Judges may utilize the order on the media request
to establish such jurisdiction. |
N/A |
N/A |
N/A |
| |
What are the media's general
responsibilities to the court?
- To initiate the process to gain access by
completing and filing Forms MC-500 and
MC-510 with the court;
- To ensure that all of their personnel who
cover the proceeding know and follow the
provisions of the 980 order and rule 980.
According to the new rule, the media has
the burden to make sure whoever
represents them knows the rules;
- To preserve the dignity of the courtroom
by abiding by personnel and equipment
limitations; and
- To pay increased court-incurred costs, if
assessed.
|
Yes |
980(e)(7) |
D., E.4., and E.5. |
Where can I find information
on:
- establishing rapport with the media;
- planning for media coverage;
- suggested strategies for dealing with
media access to documents, exhibits, and
transcripts;
- shielding the jury from the media; and
- accommodating the special needs of
television cameras in the courtroom?
See this booklet's bibliography for helpful
sources.
|
N/A |
N/A |
F. |
2. PROCEDURAL
STEPS FOR RULE 980 |
Refer to rule
980 section:
modification to rule 980?
|
See the
following section(s) in this booklet:
|
| Step 1. Media agency
decides that it would like access to court
proceedings. |
N/A |
N/A |
Step 2. Media
agency files Forms MC-500 and MC-510 with the
court.
|
N/A |
N/A |
| Step 3. Clerk of the court promptly
notifies the parties to the proceeding that a
request has been filed. |
N/A |
N/A |
| Step 4. Determination made regarding
authority to make the order. |
N/A |
N/A |
| Step 5. Notice to parties regarding
hearing on the request. Trial
judges do not have to give a prescribed form of
notice within a specific number of days; however,
by requiring that parties are informed of the
request and making their views a factor in the
exercise of discretion, rule 980 clearly
contemplates they will be informed of any hearing
and have a reasonable opportunity to participate.
|
N/A |
N/A |
| Step 6. Judge may hold a hearing on
the request, though a hearing is not required. |
N/A |
N/A |
Step 7. Judge issues ruling:
- Considers 19 factors laid out by rule
980;
- Findings or statement of decision not
required;
- May incorporate local rules.
|
N/A |
N/A |
| Step 8. Media agencies file statement
of pooling arrangements with the court. |
N/A |
N/A |
| Step 9. Modification or termination of
the order. |
N/A |
N/A |
