2006 Code of Virginia § 19.2-266 - Exclusion of persons from trial; photographs and broadcasting permitted under designated guidelines...

19.2-266. Exclusion of persons from trial; photographs and broadcastingpermitted under designated guidelines; exceptions.

In the trial of all criminal cases, whether the same be felony or misdemeanorcases, the court may, in its discretion, exclude from the trial any personswhose presence would impair the conduct of a fair trial, provided that theright of the accused to a public trial shall not be violated.

A court may solely in its discretion permit the taking of photographs in thecourtroom during the progress of judicial proceedings and the broadcasting ofjudicial proceedings by radio or television and the use of electronic orphotographic means for the perpetuation of the record or parts thereof incriminal and in civil cases, but only in accordance with the rules set forthhereunder. In addition to such rules, the Supreme Court and the Court ofAppeals shall have the authority to promulgate any other rules they deemnecessary to govern electronic media and still photography coverage in theirrespective courts. The following rules shall serve as guidelines, and aviolation of these rules may be punishable as contempt:

Coverage Allowed.

1. The presiding judge shall at all times have authority to prohibit,interrupt or terminate electronic media and still photography coverage ofpublic judicial proceedings. The presiding judge shall advise the parties ofsuch coverage in advance of the proceedings and shall allow the parties toobject thereto. For good cause shown, the presiding judge may prohibitcoverage in any case and may restrict coverage as he deems appropriate tomeet the ends of justice.

2. Coverage of the following types of judicial proceedings shall beprohibited: adoption proceedings, juvenile proceedings, child custodyproceedings, divorce proceedings, temporary and permanent spousal supportproceedings, proceedings concerning sexual offenses, proceedings for thehearing of motions to suppress evidence, proceedings involving trade secrets,and in camera proceedings.

3. Coverage of the following categories of witnesses shall be prohibited:police informants, minors, undercover agents and victims and families ofvictims of sexual offenses.

4. Coverage of jurors shall be prohibited expressly at any stage of ajudicial proceeding, including that portion of a proceeding during which ajury is selected. The judge shall inform all potential jurors at thebeginning of the jury selection process of this prohibition.

5. To protect the attorney-client privilege and the right to counsel, thereshall be no recording or broadcast of sound from such conferences which occurin a court facility between attorneys and their clients, between co-counselof a client, between adverse counsel, or between counsel and the presidingjudge held at the bench or in chambers.

Location of Equipment and Personnel.

1. The location of recording and camera equipment shall be strictly regulatedso as not to be intrusive.

2. Media personnel shall not enter or leave the courtroom once theproceedings are in session except during a court recess or adjournment.

3. Electronic media equipment and still photography equipment shall not betaken into the courtroom or removed from the designated media area except atthe following times:

a. Prior to the convening of proceedings;

b. During any luncheon recess;

c. During any court recess with the permission of the trial judge; and

d. After adjournment for the day of the proceedings.

Official Representatives of the Media.

The Virginia Association of Broadcasters and the Virginia Press Associationmay designate one person to represent the television media, one person torepresent the radio broadcasters, and one person to represent stillphotographers in each jurisdiction in which electronic media and stillphotographic coverage is desired. The names of the persons so designatedshall be forwarded to the chief judge of the court in the county or city inwhich coverage is desired so that arrangements can be made for the"pooling" of equipment and personnel. Such persons shall also be the onlypersons authorized to speak for the media to the presiding judge concerningthe coverage of any judicial proceedings.

Equipment and Personnel.

1. No distracting lights or sounds shall be permitted.

2. Not more than two television cameras shall be permitted in any proceeding.

3. Not more than one still photographer, utilizing not more than two stillcameras with not more than two lenses for each camera and related equipmentfor print purposes, shall be permitted in any proceeding.

4. Not more than one audio system for broadcast purposes shall be permittedin any proceeding.

Audio pickup for all media purposes shall be accomplished with existing audiosystems present in the court facility. If no technically suitable audiosystem exists in the court facility, microphones and related wiring essentialfor media purposes may be installed and maintained at media expense. Themicrophones and wiring must be unobtrusive and shall be located in placesdesignated in advance of any proceeding by the chief judge of the court inwhich coverage is desired.

5. Any "pooling" arrangements among the media required by these limitationson equipment and personnel shall be the sole responsibility of the mediawithout calling upon the presiding judge to mediate any dispute as to theappropriate media representative or equipment authorized to cover aparticular proceeding. In the absence of advance media agreement on disputedequipment or personnel issues, the presiding judge may exclude all contestingmedia personnel from a proceeding.

6. In no event shall the number of personnel in the designated area exceedthe number necessary to operate the designated equipment.

7. Only television photographic and audio equipment which does not producedistracting sound or light shall be employed to cover judicial proceedings.No artificial lighting device of any kind shall be employed in connectionwith the television camera.

8. Only still camera equipment which does not produce distracting sound orlight shall be employed to cover judicial proceedings. No artificial lightingdevice of any kind shall be employed in connection with a still camera.

9. With the concurrence of the chief judge of the court in which coverage isdesired, modifications and additions may be made in light sources existing inthe facility, provided such modifications or additions are installed andmaintained without public expense.

Impermissible Use of Media Material.

None of the film, video tape, still photographs or audio reproductionsdeveloped during or by virtue of coverage of a judicial proceeding shall beadmissible as evidence (i) in the proceeding out of which it arose, (ii) inany proceeding subsequent and collateral thereto, or (iii) upon any retrialor appeal of such proceedings.

All electronic media and still photography coverage of public judicialproceedings authorized by this section, with the exception of electronic orphotographic means authorized for the perpetuation of the record or partsthereof shall be conducted at no cost to the Commonwealth.

(Code 1950, 19.1-246; 1960, c. 366; 1971, Ex. Sess., c. 28; 1975, c. 495;1978, c. 477; 1987, c. 580; 1989, c. 582; 1990, c. 243; 1992, c. 557.)