MODEL GUIDELINES GOVERNING ELECTRONIC PUBLIC ACCESS TO PROCEEDINGS

1.   Equipment and personnel

(a)     Unless the court permits otherwise, not more than one portable television camera (film camera – 16 mm sound on film (self-blimped) or video tape electronic camera), operated by not more than one camera person, shall be permitted in any trial court proceeding and not more than two television cameras, operated by not more than one camera person each, shall be permitted in any appellate court proceeding.

(b)     Unless the court permits otherwise, not more than one still photographer utilizing not more than two still cameras with not more than two lenses for each camera and related equipment for print purposes shall be permitted in any proceeding in a trial or appellate court.

(c)     Not more than one audio system for radio broadcast purposes shall be permitted in any proceeding in a trial or appellate court. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the court facility. If no technically suitable audio system exists in the court facility, microphones and related wiring essential for media purposes shall be unobtrusive and shall be located in places designated in advance of any proceeding by the Chief Justices or Chief Judges of their respective courts or their designates.

(d)     Any "pooling" arrangements among the media required by these limitations on equipment and personnel shall be the sole responsibility of the media without calling upon the court to mediate any dispute as to the appropriate media representative or equipment authorized to cover a particular proceeding. In the absence of advance media agreement on disputed equipment or personnel issues, the court shall exclude all contesting media personnel from a proceeding.

2.   Sound and light criteria
(a)     Only television photographic and audio equipment which does not produce distracting sound or light shall be employed to cover judicial proceedings. Specifically, such photographic and audio equipment shall produce no greater sound or light than the equipment designated in Schedule A annexed hereto, when the same is in good working order. No artificial lighting device of any kind shall be employed in connection with the television camera and no camera shall give any indication of whether it is or is not operating, such as by use of a red light to note operational status.

(b)     Only still camera equipment which does not produce distracting sound shall be employed to cover judicial proceedings. Specifically, such still camera equipment shall produce no greater sound than a 35-mm Leica "M" Series Rangefinder camera and no artificial lighting device of any kind shall be employed in connection with a still camera. No motorized drives shall be permitted.

(c)     It shall be the affirmative duty of media personnel to demonstrate to the court adequately in advance of any proceeding that the equipment sought to be utilized meets the sound and light criteria enunciated herein. A failure to obtain advance judicial approval for equipment shall preclude its use in any proceeding.

3.   Location of equipment personnel
(a)     Television camera equipment shall be positioned in such location in the court facility as shall be designated by the Chief Justices or Chief Judges of their respective courts or their designates. The area designated shall provide reasonable access to coverage. If and when areas remote from the court facility which permit reasonable access to coverage are provided all television camera and audio equipment shall be positioned only in such area. Video tape recording equipment which is not a component part of a television camera shall be located in an area remote from the court facility.

(b)     A still camera photographer shall position himself or herself in such location in the court facility as shall be designated by the Chief Justices or Chief Judges of their respective courts or their designates. The area designated shall provide reasonable access to coverage. Still camera photographers shall assume a fixed position within the designated area and, once a photographer has established himself or herself in a shooting position, he or she shall act so as not to call attention to himself or herself through further movement. Still camera photographers shall not be permitted to move about in order to obtain photographs of court proceedings.

(c)     Broadcast media representatives shall not move about the court facility while proceedings are in session, and microphones or taping equipment once positioned as required by 1(c) above shall not be moved during the pendency of the proceeding.

4.   Behaviour and Dress
    Media representatives will be expected to present a neat appearance in keeping with the dignity of the proceedings and will be expected to be sufficiently familiar with court proceedings to conduct themselves so as not to interfere with the dignity of the proceedings, or to distract counsel or the court.
5.   Movement during proceedings
    News media photographic or audio equipment shall not be placed in or removed from the court facility except prior to commencement or after adjournment of proceedings each day, or during a recess. Neither television film magazines nor still camera film or lenses shall be changed within a court facility except during a recess in the proceeding.
6.   Courtroom light sources
    With the concurrence of the Chief Justices or Chief Judges of their respective courts or their designates modifications and additions may be made in light sources existing in the facility, providing such modifications or additions are installed and maintained without public expense.
7.   Conferences of counsel
    To protect the lawyer-client privilege and the effective right to counsel, there shall be no audio pickup or broadcast of conferences which occur in a court facility between counsel and their clients, between co-counsel of a client, or between counsel and the court held at the bench.
8.   Impermissible use of media material None of the film, video tape, still photographs or audio reproductions developed during or by virtue of coverage of a judicial proceeding shall be admissible as evidence in the proceeding out of which it arose, any proceeding subsequent or collateral thereto, or upon any retrial or appeal of such proceedings. * Two provisions of the guidelines require elaboration: Section 1 would grant a trial court discretion to permit more than one television camera to be used. In certain parts of a trial proceeding such as a sentencing or discussion of a point of law there could be no possibility of prejudice in having a second camera, properly placed, in the courtroom. A second camera would be very useful in composing an accurate picture of what takes place. This discretion would be granted both to trial and appellate courts and in respect of television and still cameras.   Section 8 is suggested to reflect the fact that the electronic media should not become part of the judicial system itself. There may also be merit in avoiding the creation of two classes of appeal, one based on transcripts and the other based on pictures and sound. [D.J.H.]