2006 New York Code - Audio-visual Coverage Of Judicial Proceedings.

 
    * §   218.   Audio-visual   coverage   of   judicial  proceedings.  1.
  Authorization. Notwithstanding the provisions of  section  fifty-two  of
  the  civil rights law and subject to the provisions of this section, the
  chief judge of the state or his designee may authorize  an  experimental
  program in which presiding trial judges, in their discretion, may permit
  audio-visual coverage of civil and criminal court proceedings, including
  trials.
    2. Definitions. For purposes of this section:
    (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  or  of the criminal court of the city of New York; or the
  presiding judge of the court of claims.
    (b) "Audio-visual 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 proceedings at which audio-visual coverage is  authorized  pursuant
  to this section.
    (e)  "Covert  or  undercover  capacity"  shall  mean  law  enforcement
  activity involving criminal investigation by peace  or  police  officers
  who  usually  and  customarily wear no uniform, badge, or other official
  identification in public view.
    (f) "Arraignment" shall have the same meaning as such term is  defined
  in subdivision nine of section 1.20 of the criminal procedure law.
    (g)  "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.
    (h)  "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  proceeding,  or any
  government official acting in an official capacity, shall not be  deemed
  to be a "nonparty witness".
    (i) "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.
    3. Requests for coverage of proceedings; administrative review.
    (a) Prior to the commencement  of  the  proceedings,  any  news  media
  interested in providing audio-visual coverage of court proceedings shall
  file  a  request  with  the presiding trial judge, if assigned, or if no
  assignment has been made, to  the  judge  responsible  for  making  such
  assignment.  Requests for audio-visual coverage shall be made in writing
  and not less than seven days before the  commencement  of  the  judicial
  proceeding, and shall refer to the individual proceeding with sufficient
  identification  to  assist  the presiding trial judge in considering the
  request.  Where  circumstances  are  such  that  an   applicant   cannot
  reasonably  apply  seven  or  more  days  before the commencement of the
  proceeding, the presiding trial judge may shorten the  time  period  for
  requests.
    (b)  Permission  for news media coverage shall be at the discretion of
  the presiding trial judge. An order granting or denying  a  request  for
  audio-visual  coverage  of a proceeding shall be in writing and shall be
  included in the record of such proceeding. 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 nineteen of this chapter.
  Such order for initial access shall be subject only  to  review  by  the
  appropriate  administrative  judge;  there  shall be no further judicial
  review of such order  or  determination  during  the  pendency  of  such
  proceeding  before  such  trial  judge.  No  order allowing audio-visual
  coverage of a proceeding shall be sealed.
    (c) Subject to the provisions of subdivision seven  of  this  section,
  upon  a  request  for  audio-visual  coverage  of court proceedings, the
  presiding trial judge  shall,  at  a  minimum,  take  into  account  the
  following  factors:  (i)  the  type  of case involved; (ii) whether such
  coverage would cause harm to any participant in the  case  or  otherwise
  interfere  with the fair administration of justice, the advancement of a
  fair trial or the  rights  of  the  parties;  (iii)  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; (iv) whether such coverage would interfere  with
  any law enforcement activity; or (v) involve lewd or scandalous matters.
    (d) A request for audio-visual coverage made after the commencement of
  a  trial  proceeding  in  which  a  jury is sitting shall not be granted
  unless, (i) counsel for all parties to the proceeding  consent  to  such
  coverage,  or  (ii)  the  request  is for coverage of the verdict and/or
  sentencing in such proceeding.
    4.  Supervision   of   audio-visual   coverage;   mandatory   pretrial
  conference; judicial discretion.
    (a)  Audio-visual  coverage  of a court proceeding shall be subject to
  the  supervision  of  the  presiding   trial   judge.   In   supervising
  audio-visual  coverage  of  court  proceedings,  in particular any which
  involve lewd or scandalous matters, a presiding trial judge shall, where
  necessary for the protection of  any  participant  or  to  preserve  the
  welfare  of  a  minor,  prohibit  all  or  any  part of the audio-visual
  coverage of such participant, minor or exhibit.
    (b) A pretrial  conference  shall  be  held  in  each  case  in  which
  audio-visual  coverage  of  a  proceeding  has  been  approved.  At such
  conference the presiding trial judge shall review, with counsel and  the
  news  media  who  will  participate  in  the  audio-visual coverage, the
  restrictions to be imposed.  Counsel  shall  convey  to  the  court  any
  concerns of prospective witnesses with respect to audio-visual coverage.
    (c)  There  shall be no limitation on the exercise of discretion under
  this subdivision except as provided by law. The  presiding  trial  judge
  may at any time modify or reverse any prior order or determination.
    5.  Consent. (a) Audio-visual coverage of judicial proceedings, except
  for arraignments and suppression hearings, shall not be limited  by  the
  objection  of  counsel,  parties, or jurors, except for a finding by the
  presiding trial judge of good or legal cause.
    (b) Audio-visual coverage of  arraignments  and  suppression  hearings
  shall  be  permitted  only  with  the  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  four  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.
    (c)  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 and all
  audio-visual coverage of the judicial proceeding.
    6. Restrictions relating to equipment and personnel; sound  and  light
  criteria. Where audio-visual coverage of court proceedings is authorized
  pursuant to this section, the following restrictions shall be observed:
    (a) Equipment and personnel:
    (i)  No  more  than  two  electronic or motion picture cameras and two
  camera operators shall be permitted in any proceeding.
    (ii) 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.
    (iii) No more than one audio system for broadcast  purposes  shall  be
  permitted  in  any proceeding. Audio pickup for all 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  audio-visual  coverage.  Any  microphones  and sound
  wiring shall be unobtrusive and located  in  places  designated  by  the
  presiding trial judge.
    (iv)  Notwithstanding  the  provisions  of subparagraphs (i), (ii) and
  (iii) of this paragraph,  the  presiding  trial  judge  may  modify  his
  original order to increase or decrease the amount of equipment that will
  be  permitted  into a courtroom on a finding of special circumstances so
  long as it will not impair the dignity of  the  court  or  the  judicial
  process.
    (v)  Notwithstanding  the  provisions  of  subparagraphs (i), (ii) and
  (iii) of this paragraph, the equipment authorized therein shall  not  be
  admitted  into  a  court  proceeding  unless  all  persons interested in
  providing audio-visual coverage of such proceedings shall  have  entered
  into  pooling  arrangements  for their respective groups. Furthermore, a
  pool operator for the electronic and motion picture  media  and  a  pool
  operator  for  the  still  photography  media  shall  be  selected,  and
  procedures for cost sharing and dissemination of  audio-visual  material
  established.  The  court  shall not be called upon to mediate or resolve
  any dispute as to such arrangements.  In  making  pooling  arrangements,
  consideration  shall  be  given  to  educational  users'  needs for full
  coverage of entire proceedings.
    (b) Sound and light criteria:
    (i) Only electronic and motion picture cameras,  audio  equipment  and
  still  camera  equipment which do not produce distracting sound or light
  shall be employed to cover judicial proceedings. The chief administrator
  of the courts shall promulgate a list of acceptable equipment models.
    (ii) No motorized drives shall be permitted,  and  no  moving  lights,
  flash  attachments, or sudden lighting changes shall be permitted during
  judicial proceedings.
    (iii) No light or signal visible  or  audible  to  trial  participants
  shall  be used on any equipment during audio-visual coverage to indicate
  whether it is operating.
    (iv) It shall be the affirmative duty of any person  desiring  to  use
  equipment  other  than  that  authorized  by  the chief administrator to
  demonstrate to the presiding trial judge, adequately in advance  of  any
  proceeding,  that  the  equipment sought to be utilized meets acceptable
  sound and light criteria. A failure to obtain advance judicial  approval
  for equipment shall preclude its use in any proceeding.
    (v)  With  the  concurrence of the presiding trial judge modifications
  and additions may be made to light sources  existing  in  the  facility,
  provided  such modification or additions are installed and maintained at
  the expense of the news media who are  providing  audio-visual  coverage
  and provided they are not distracting or otherwise offensive.
    (c)  Location  of  equipment  and  personnel.  Cameras,  equipment and
  personnel shall be positioned in locations designated by  the  presiding
  trial judge.
    (i)  All  audio-visual coverage operators shall assume their assigned,
  fixed position within the designated area and once established  in  such
  position,  shall  act  in  a manner so as not to call attention to their
  activities.
    (ii) The areas  so  designated  shall  provide  reasonable  access  to
  coverage  with  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 during proceedings. Equipment shall not be
  placed in, moved about  or  removed  from  the  courtroom,  and  related
  personnel   shall   not  move  about  the  courtroom,  except  prior  to
  commencement or after adjournment of proceedings each day, or  during  a
  recess.  Camera film and lenses shall be changed only during a recess in
  proceedings.
    7. Restrictions on audio-visual coverage. Notwithstanding the  initial
  approval of a request for audio-visual coverage of any court proceeding,
  the   presiding   trial  judge  shall  have  discretion  throughout  the
  proceeding to revoke such approval or limit such coverage, and may where
  appropriate exercise such discretion  to  limit,  restrict  or  prohibit
  audio or video broadcast or photography of any part of the proceeding in
  the courtroom, or of the name or features of any participant therein. In
  any case, audio-visual coverage shall be limited as follows:
    (a) no audio pickup or audio broadcast of conferences which 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  audio-visual
  coverage;
    (c)  no audio-visual coverage of the selection of the prospective jury
  during voir dire shall be permitted;
    (d) no audio-visual coverage of the jury, or of any juror or alternate
  juror, while in the jury box, in the courtroom, in the jury deliberation
  room 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 audio-visual coverage shall be permitted of a witness, who as a
  peace or police officer acted in a  covert  or  undercover  capacity  in
  connection  with the instant court proceeding, without the prior written
  consent of such witness;
    (f) no audio-visual coverage shall be permitted of a witness, who as a
  peace or police officer is currently engaged in a covert  or  undercover
  capacity, without the prior written consent of such witness;
    (g)  no  audio-visual  coverage  shall be permitted of the victim in a
  prosecution for rape, criminal sexual act, sexual  abuse  or  other  sex
  offense  under article one hundred thirty 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  which  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 audio-visual 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 four 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;
    (i) no judicial proceeding shall be scheduled, delayed,  reenacted  or
  continued at the request of, or for the convenience of the news media;
    (j)  no audio-visual 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;
    (k) no audio-visual coverage of any judicial proceedings which are  by
  law closed to the public, or which may be closed to the public and which
  have been closed by the presiding trial judge shall be permitted; and
    (l)  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.
    8. Violations. Any violation of an order or determination issued under
  this section shall be punishable  as  a  contempt  pursuant  to  article
  nineteen of this chapter.
    9.  Review committee. (a) There shall be created a committee to review
  audio-visual coverage of court proceedings. The committee shall  consist
  of  twelve  members,  three to be appointed by the governor, three to be
  appointed by the chief judge of the courts, two to be appointed  by  the
  majority leader of the senate, two to be appointed by the speaker of the
  assembly,  one  to be appointed by the minority leader of the senate and
  one to be appointed by minority leader of the assembly. The chair of the
  committee shall be appointed by the chief judge of the courts. At  least
  one  member  of  the  committee  and  no  more  than  two members of the
  committee shall be a representative of the broadcast media, be  employed
  by  the  broadcast  media,  or  receive  compensation from the broadcast
  media. At least two members of the committee shall  be  members  of  the
  bar, engaged in the practice of law, and regularly conduct trials and/or
  appellate  arguments;  and at least one member of the committee shall by
  professional training and expertise be qualified to evaluate and analyze
  research methodology relevant to analyzing  the  impact  and  effect  of
  audio-visual  coverage of judicial proceedings. No one who has served on
  an earlier committee established by law to review audio-visual  coverage
  of  judicial  proceedings  in  New  York  state may be appointed to such
  committee. No member or  employee  of  the  executive,  legislative,  or
  judicial  branches  of  the  state  government  may be appointed to such
  committee.
    (b)  The members of the committee shall serve without compensation for
  their services as members of the committee,  except  that  each  of  the
  nonpublic  members  of  the  committee  may be allowed the necessary and
  actual travel, meals and lodging expenses which he or she shall incur in
  the performance of his or her duties under this  section.  Any  expenses
  incurred  pursuant  to this section shall be a charge against the office
  of court administration.
    (c) The committee shall have the power,  duty  and  responsibility  to
  evaluate,  analyze,  and  monitor  the  provisions  of this section. The
  office of court administration and all participants in proceedings where
  audio-visual coverage was permitted,  including  judges,  attorneys  and
  jurors, shall cooperate with the committee in connection with the review
  of  the  impact  of  audio-visual  coverage  on  such  proceedings.  The
  committee shall request participation and assistance from the  New  York
  state  bar  association  and other bar associations. The committee shall
  issue a report to the legislature, the governor,  and  the  chief  judge
  evaluating  the  efficacy of the program and whether any public benefits
  accrue from the program, any abuses that occurred  during  the  program,
  and  the  extent to which and in what way the conduct of participants in
  court proceedings changes when audio-visual  coverage  is  present.  The
  committee  shall  expressly  and  specifically  analyze and evaluate the
  degree of compliance by trial judges and the media with  the  provisions
  of  this  section and the effect of audio-visual coverage on the conduct
  of trial judges both inside and outside the courtroom. Such report shall
  be submitted to the legislature, the governor and  the  chief  judge  by
  January thirty-first, nineteen hundred ninety-seven.
    10.  Rules  and  regulations. The chief administrator shall promulgate
  appropriate  rules  and  regulations  for  the  implementation  of   the
  provisions  of  this  section  after  affording  all interested persons,
  agencies and institutions an opportunity to review and comment  thereon.
  Such  rules  and  regulations  shall  include  provisions to ensure that
  audio-visual coverage of trial proceedings shall not interfere with  the
  decorum and dignity of courtrooms and court facilities.
    11.  Duration. The provisions of this section shall be of no force and
  effect after June thirtieth, nineteen hundred ninety-seven.
    * NB Expired June 30, 1997