On April 16, 1999, the Uniform Trial Court Rules Committee recommended amendment of the Uniform Trial Court Rule (UTCR) 3.180, a UTCR originally adopted by the Supreme Court and which can be amended only with the consent of the Supreme Court. Upon review and consideration of those recommendations, the Supreme Court adopted amendments to UTCR 3.180 as set out below in this order. The amendments to UTCR 3.180 adopted by this order will take effect August 1, 1999, to correspond with the effective date of other 1999 changes to the UTCR adopted by the Chief Justice.

The adopted amendments to UTCR 3.180 are as shown in the following, material that is in bold and underlined is new language added and material that is [bracketed and in italics] is existing language that is to be deleted from UTCR 3.180:

3.180 MEDIA OR OTHER PUBLIC ACCESS COVERAGE OF COURT EVENTS

(1) Courtrooms. Upon request or on the court's own motion, after notice to all parties, public access coverage shall be allowed in any courtroom, except as provided under this rule. [Except as authorized under this rule:]

[(a) There shall be no public access coverage in any courtroom or in any area on courthouse premises or environs under the control and supervision of the court.

(b) There shall be no public access coverage equipment in any courtroom at any time.]

[(2) As used in this rule:

(a) "Public access coverage" means coverage by means of any public access coverage equipment.

(b) "Public access coverage equipment" means any of the following in the possession of persons other than the court or the court's staff: television equipment; still photography equipment; audio, video or other electronic recording or transmission equipment.]

[(3) Upon request or on the court's own motion, after notice to all parties, a judge may allow, in the following places, public access coverage that accords with this rule:

(a) In a courtroom. Even when a judge allows public access coverage in a courtroom, there shall be no public access coverage in the courtroom or in chambers of any of the following:

(i) Recesses of a court proceeding.

(ii) Proceedings in chambers.

(iii) Conferences involving counsel and the judge at the bench.

(iv) Conferences involving counsel and their clients.

(v) Proceedings in a jury trial from which the jury is excluded.

(b) In any area outside the courtroom that is on the courthouse premises or environs under the control and supervision of the court. There shall be no public access coverage in places described under this paragraph except as specifically allowed by the judge.]

(2) There shall be no public access coverage of the following:

(a) Proceedings in chambers.

(b) Any notes or conversations intended to be private including, but not limited to, counsel and judges at the bench and conferences involving counsel and their clients.

(c) Dissolution, juvenile, paternity, adoption, custody, visitation, support, mental commitment, trade secrets, and abuse, restraining and stalking order proceedings.

(d) At a victim's request, sex offense proceedings.

(e) Voir dire.

(f) Any juror anywhere during the course of the trial in which he or she sits.

(g) Recesses.

(3) [(4)] Limitations on Denial of Public Access Coverage in Courtrooms. A judge [has discretion to] may deny a request for or terminate public access coverage only if the judge makes findings of fact on the record setting forth substantial reasons for the denial. The judge [shall not allow] may prohibit public access coverage if there is a reasonable likelihood of any of the following:

(a) The public access coverage would interfere with the rights of the parties to a fair trial or would affect the presentation of evidence or outcome of the trial.

[(b) The public access coverage would unduly detract from the solemnity, decorum, or dignity of the court.]

(b) [(c)] Any cost or increased burden resulting from the public access coverage would interfere with the efficient administration of justice.

[(5) Under this rule, there shall be no public access coverage of any of the following:

(a) All dissolution, juvenile, paternity, adoption, custody, visitation, support, mental commitment, trade secrets, and family abuse prevention act restraining order proceedings.

(b) At a victim's request, sex offense proceedings.

(c) Voir dire.

(d) Any juror anywhere in the courthouse, its premises, or environs under the control and supervision of the court.

(e) Any other proceeding in which the publicity might impair the fairness of a future trial.]

[(6) Each witness must be advised by the attorney or party who intends to call that witness in advance of giving testimony when public access coverage will be allowed during the proceeding. If a witness requests the witness's testimony not be subject to public access coverage, the court may summarily deny public access coverage of the testimony if the judge finds any of the following:

(a) Reasonable grounds exist to believe that the public access coverage would interfere with the rights of the parties to a fair trial or would affect the presentation of evidence or outcome of the trial.

(b) The legitimate privacy or safety interests of the witness outweigh the interests requesting public access coverage.]

(4) A judge may summarily prohibit public access coverage of a particular witness only if the judge finds on the record that public access coverage would endanger the welfare of the witness or materially hamper the witness' testimony.

(5) Areas Outside of Courtrooms. The presiding judge may allow public access coverage in any area outside the courtroom that is on the courthouse premises and under the control and supervision of the court. Courts are encouraged to designate an area or areas outside the courtroom that is on the courthouse premises for public access coverage. For areas subject to this subsection, each judicial district, by SLR, may establish, for any court location, procedures for obtaining permission for public access coverage that differ from this subsection or may designate locations where public access coverage is allowed or prohibited. SLR 3.181 is reserved for SLR adopted under this subsection.

(6) Public Access Coverage Defined. As used in this rule:

(a) "Public access coverage" means coverage by means of any public access coverage equipment.

(b) "Public access coverage equipment" means any of the following in the possession of persons other than the court or the court's staff: television equipment; still photography equipment; audio, video, or other electronic recording equipment.

(7) Equipment and Personnel for Public Access Coverage. The court may limit the location of public access coverage equipment. One pool video camera and one pool still camera and one pool tape recorder shall be permitted.

(a) [Not more than one video camera operated by not more than one camera person shall be permitted in any court proceeding.] No public access coverage device shall be operated by more than one person.

(b) No person shall use public access coverage equipment that [is audible] interferes or distracts from proceedings in the courtroom. [The court may limit the number and location of public access coverage equipment.]

(c) The video camera must be mounted on a tripod or other device or installed in the courtroom. The [video camera] tripod or other device must not be moved while the proceedings are in session. Video equipment must be screened where practicable or located and operated as directed by the court [as unobtrusively as possible in the courtroom, to provide the least possible distraction].

(d) No artificial lighting devices of any kind shall be allowed.

(e) [Persons seeking public access coverage must be responsible for designating one representative to coordinate the public access coverage.] Any pooling arrangement required by limitations on equipment and personnel imposed by the judge or by this rule must be the sole responsibility of the persons seeking public access coverage, without calling upon the judge to mediate any disputes involved therein.

In the absence of [advance] agreement on such issues by persons seeking public access coverage, the judge may exclude any or all public access coverage.

(8) Upon request, any person engaging in public access coverage of a court event or in a courtroom, courthouse, its premises, or environs under the control and supervision of the court must provide to the court, without expense, or to any other person, if the requestor pays actual copying expense, a copy of any public access coverage the person performed.

(9) [In authorizing public access coverage, if based on substantial reasons in the record,] A judge may impose other restrictions or limitations necessary to preserve the solemnity, decorum, and dignity of the court and to protect the parties, witnesses, and jurors. A judge may terminate any or all public access coverage at any point upon finding, based on substantial reasons in the record, that this UTCR or other rules imposed by the judge have been violated. [:]

[(a) This rule or other rules imposed by the judge have been violated; or

(b) Substantial rights of individual participants or rights to a fair trial will be prejudiced or the outcome of a case will be affected by the public access coverage.]

(10) Nothing in this rule is intended to limit the court's contempt powers.

(11) [(10)] Nothing in this rule shall alter or affect the rules of the Supreme Court promulgated under "Video-Trial Project No. 88-38." Under that project, the audio-video coverage constitutes the entire record. In all other courts, the record shall be preserved with court reporters or audiotape. Restrictions on releasing audio-video coverage in courts participating in the Video-Trial Project shall be set forth in separate rules.

As amended by this order, UTCR 3.180 will read as follows:

3.180 MEDIA OR OTHER PUBLIC ACCESS COVERAGE OF COURT EVENTS

(1) Courtrooms. Upon request or on the court's own motion, after notice to all parties, public access coverage shall be allowed in any courtroom, except as provided under this rule.

(2) There shall be no public access coverage of the following:

(a) Proceedings in chambers.

(b) Any notes or conversations intended to be private including, but not limited to, counsel and judges at the bench and conferences involving counsel and their clients.

(c) Dissolution, juvenile, paternity, adoption, custody, visitation, support, mental commitment, trade secrets, and abuse, restraining and stalking order proceedings.

(d) At a victim's request, sex offense proceedings.

(e) Voir dire.

(f) Any juror anywhere during the course of the trial in which he or she sits.

(g) Recesses.

(3) Limitations on Denial of Public Access Coverage in Courtrooms. A judge may deny a request for or terminate public access coverage only if the judge makes findings of fact on the record setting forth substantial reasons for the denial. The judge may prohibit public access coverage if there is a reasonable likelihood of any of the following:

(a) The public access coverage would interfere with the rights of the parties to a fair trial or would affect the presentation of evidence or outcome of the trial.

(b) Any cost or increased burden resulting from the public access coverage would interfere with the efficient administration of justice.

(4) A judge may summarily prohibit public access coverage of a particular witness only if the judge finds on the record that public access coverage would endanger the welfare of the witness or materially hamper the witness' testimony.

(5) Areas Outside of Courtrooms. The presiding judge may allow public access coverage in any area outside the courtroom that is on the courthouse premises and under the control and supervision of the court. Courts are encouraged to designate an area or areas outside the courtroom that is on the courthouse premises for public access coverage. For areas subject to this subsection, each judicial district, by SLR, may establish, for any court location, procedures for obtaining permission for public access coverage that differ from this subsection or may designate locations where public access coverage is allowed or prohibited. SLR 3.181 is reserved for SLR adopted under this subsection.

(6) Public Access Coverage Defined. As used in this rule:

(a) "Public access coverage" means coverage by means of any public access coverage equipment.

(b) "Public access coverage equipment" means any of the following in the possession of persons other than the court or the court's staff: television equipment; still photography equipment; audio, video, or other electronic recording equipment.

(7) Equipment and Personnel for Public Access Coverage. The court may limit the location of public access coverage equipment. One pool video camera and one pool still camera and one pool tape recorder shall be permitted.

(a) No public access coverage device shall be operated by more than one person.

(b) No person shall use public access coverage equipment that interferes or distracts from proceedings in the courtroom.

(c) The video camera must be mounted on a tripod or other device or installed in the courtroom. The tripod or other device must not be moved while the proceedings are in session. Video equipment must be screened where practicable or located and operated as directed by the court.

(d) No artificial lighting devices of any kind shall be allowed.

(e) Any pooling arrangement required by limitations on equipment and personnel imposed by the judge or by this rule must be the sole responsibility of the persons seeking public access coverage, without calling upon the judge to mediate any disputes involved therein. In the absence of agreement on such issues by persons seeking public access coverage, the judge may exclude any or all public access coverage.

(8) Upon request, any person engaging in public access coverage of a court event or in a courtroom, courthouse, its premises, or environs under the control and supervision of the court must provide to the court, without expense, or to any other person, if the requestor pays actual copying expense, a copy of any public access coverage the person performed.

(9) A judge may impose other restrictions or limitations necessary to preserve the solemnity, decorum, and dignity of the court and to protect the parties, witnesses, and jurors. A judge may terminate any or all public access coverage at any point upon finding, based on substantial reasons in the record, that this UTCR or other rules imposed by the judge have been violated.

(10) Nothing in this rule is intended to limit the court's contempt powers.

(11) Nothing in this rule shall alter or affect the rules of the Supreme Court promulgated under "Video-Trial Project No. 88-38." Under that project, the audio-video coverage constitutes the entire record. In all other courts, the record shall be preserved with court reporters or audiotape. Restrictions on releasing audio-video coverage in courts participating in the Video-Trial Project shall be set forth in separate rules.

Dated this 15^th day of July, 1999.

Wallace P. Carson, Jr.
Chief Justice