(b) An attorney in good standing in this state, who has in his or her possession a picture identification card authorized by the office of the chief court administrator indicating that he or she is an attorney, may possess in a court facility an electronic device, including, but not limited to, a cellular telephone, portable computer, or personal digital assistant, which device has the capacity to broadcast, record, or take photographs. Such devices shall not be used in any court facility for the purpose of broadcasting or recording audio or video, or for any photographic purposes, except that any person employed in a state’s attorneys’ office or a public defenders’ office that is located in a court facility may use such devices in such office. Cellular telephones may be used in a court facility for telephonic purposes to transmit and receive voice signals only, but in no event shall they be used in any courtroom, lockup, chambers, or offices, except that any person employed in a state’s attorneys’ office or a public defenders’ office that is located in a court facility may use a cellular telephone in such office. Personal computers may be used, with the permission of the judicial authority, in a courtroom in conjunction with the conduct of a hearing or trial. A violation of this subsection may constitute misconduct or contempt. This subsection shall be in force for a period of one year from its effective date, unless terminated sooner or extended beyond said period by vote of the judges of the superior court, to enable an analysis of the effects of this subsection to be made and reported to such judges. This subsection shall not apply to attorneys who are employees of the Judicial Branch. Such attorneys shall comply with Judicial Branch policies concerning the possession and use of electronic devices in court facilities. This subsection shall not be deemed to restrict in any way the possession or use of electronic devices in court facilities by judges of the superior court, judge trial referees, state referees, family support magistrates or family support referees.

COMMENTARY: The amendments to this section and to Section 1-11, and the adoption of new Sections 1-10A, 1-10B, 1-11A, 1-11B and 1-11C, implement various recommendations of the Judicial Branch’s Public Access Task Force relating to cameras and electronic media coverage of court proceedings. Subsection (a) of this section has been transferred with amendments to Section 1-11 and is applicable only to media coverage of criminal trials.

For purposes of these rules, “media” means any person or entity that is regularly engaged in the gathering and dissemination of news and that is approved by the office of the chief court administrator.

(a) The broadcasting, televising, recording or photographing by the media of court proceedings and trials in the superior court should be allowed subject to the limitations set out in this section and in Sections 1-11 through 1-11C, inclusive.

(b) No broadcasting, televising, recording or photographing of any of the following proceedings shall be permitted:
(1) Family relations matters as defined in General Statutes § 46b-1;
(2) Juvenile matters as defined in General Statutes § 46b- 121;
(3) Proceedings involving trade secrets;
(4) In jury trials, all proceedings held in the absence of the jury;
(5) Proceedings which must be closed to the public to comply with the provisions of state law;
(6) Any proceeding that is not held in open court on the record.

(c) No broadcasting, televising, recording or photographic equipment permitted under these rules shall be operated during a recess in the trial.

(d) No broadcasting, televising, recording or photographing of conferences involving counsel and the trial judge at the bench or involving counsel and their clients shall be permitted.

(e) There shall be no broadcasting, televising, recording or photographing of the process of jury selection nor of any juror.

COMMENTARY: The provisions of this section have been relocated with amendments from Section 1-11 to make it clear that there exists a presumption that media coverage of proceedings and trials in the Superior Court will be allowed subject to certain limitations.

The broadcasting, televising, recording, or taking photographs by media in the courtroom during arraignments may be authorized by the judicial authority presiding over such arraignments. The judicial authority shall articulate the reasons for its decision on a request for electronic coverage of an arraignment and such decision shall be final. The judicial authority in its discretion may require pooling arrangements by the media.

COMMENTARY: This new section adopts the thirty-first recommendation of the Judicial Branch’s Public Access Task Force by expanding media coverage to arraignments on a case by case basis. Before the judicial authority approves such request he or she should, to the extent practicable, consult with the media to coordinate the logistics of the permitted coverage, and shall be satisfied that the permitted coverage will not interfere with the rights or safety of the parties or others involved in the arraignment. The Public Access Task Force recommended that the expansion of such coverage to arraignments generally should be the subject of additional inquiry. A judicial authority’s decision on a request for electronic coverage is not appealable.

(a) Notwithstanding the provisions of Section 1-11, and except as otherwise provided in Section 1-11A regarding media coverage of arraignments, the broadcasting, televising, recording or photographing by media of criminal proceedings and trials in the superior court shall be allowed except as hereinafter precluded or limited and subject to the limitations set forth in Section 1-10B, in a single judicial district of the superior court to be chosen by the Chief Court Administrator based on the following considerations:
(1) the age of the courthouse facility, its ability to accommodate the media technology involved, and security and cost concerns;
(2) the volume of cases at such facility and the assignment of judges to the judicial district;
(3) the likelihood of significant criminal trials of interest to the public in the judicial district;
(4) the proximity of the judicial district to the major media organizations; and to the organization or entity providing coverage;
(5) the proximity of the courthouse facility to the Judicial Branch administrative offices.

(b) No broadcasting, televising, recording or photographing of trials or proceedings involving sexual offense charges shall be permitted.

(c) As used in this rule, the word "trial" in jury cases shall mean proceedings taking place after the jury has been sworn and in nonjury proceedings commencing with the swearing in of the first witness.

(d) Any party, attorney, witness or other interested person may object in advance of electronic coverage of a criminal proceeding or trial if there exists a substantial reason to believe that such coverage will undermine the legal rights of a party or will significantly compromise the safety of a witness or other person or impact significant privacy concerns. To the extent practicable, notice that an objection to the electronic coverage has been filed, and the date, time and location of the hearing on such objection shall be posted on the Judicial Branch website. Any person, including the media, whose rights are at issue in considering whether to allow electronic coverage of the proceeding or trial, may participate in the hearing to determine whether to limit or preclude such coverage. When such objection is filed by any party, attorney, witness or other interested person, the burden of proving that electronic coverage of the civil proceeding or trial should be limited or precluded shall be on the person who filed the objection.

(e) The judicial authority, in deciding whether to limit or preclude electronic coverage of a criminal proceeding or trial, shall consider all rights at issue and shall limit or preclude such coverage only if there exists a compelling reason to do so, there are no reasonable alternatives to such limitation or preclusion, and such limitation or preclusion is no broader than necessary to protect the compelling interest at issue.

(f) If the judicial authority has a substantial reason to believe that the electronic coverage of a criminal proceeding or trial will undermine the legal rights of a party or will significantly compromise the safety or privacy concerns of a party, witness or other interested person, and no party, attorney, witness or other interested person has objected to such coverage, the judicial authority shall schedule a hearing to consider limiting or precluding such coverage. To the extent practicable, notice that the judicial authority is considering limiting or precluding electronic coverage of a criminal proceeding or trial, and the date, time and location of the hearing thereon shall be given to the parties and others whose interests may be directly affected by a decision so that they may participate in the hearing and shall be posted on the Judicial Branch website.

(g) Objection raised during the course of a criminal proceeding or trial to the photographing, videotaping or audio recording of specific aspects of the proceeding or trial, or specific individuals or exhibits will be heard and decided by the judicial authority, based on the same standards as set out in subsection (e) of this section used to determine whether to limit or preclude coverage based on objections raised before the start of a criminal proceeding or trial.

(h) The judge presiding over the proceeding or trial in his or her discretion, upon the judge’s own motion or at the request of a participant, may prohibit the broadcasting, televising, recording or photographing of any participant at the trial. The judge shall give great weight to requests where the protection of the identity of a person is desirable in the interests of justice, such as for the victims of crime, police informants, undercover agents, relocated witnesses, juveniles and individuals in comparable situations. "Participant" for the purpose of this section shall mean any party, lawyer or witness.

(i) The judicial authority shall articulate the reasons for its decision on whether or not to limit or preclude electronic coverage of a criminal proceeding or trial and such decision shall be final.

(j) No broadcasting, televising, recording and photographic equipment shall be placed in or removed from the courtroom while the court is in session. Television film magazines or still camera film or lenses shall not be changed within the courtroom except during a recess or other appropriate time in the proceeding or trial.

(k) Only still camera, television and audio equipment which does not produce distracting sound or light shall be employed to cover the proceeding or trial. The operator of such equipment shall not employ any artificial lighting device to supplement the existing light in the courtroom without the approval of the judge presiding over the proceeding or trial and other appropriate authority.

Ordered by:

Marshall K. Berger, Jr., Administrative Judge, Hartford Judicial District

1. Only one still camera, television and audio equipment which does not produce distracting sound or light shall be employed to cover the arraignment.

2. The operator of any camera, television and audio equipment shall not employ any artificial lighting device to supplement the existing light in the courtroom.

3. Broadcasting, televising, recording and photographing in areas immediately adjacent to the courtroom during sessions of court or recesses between sessions is prohibited.

4. All personnel and equipment shall be situated in an unobtrusive manner within the courtroom. The location of any such equipment and personnel shall be determined by the judge. Once the judge designates the position(s) for the camera(s), the operator must remain in that position and must not move about until the arraignment is completed. Camera operators are prohibited from zooming in on spectators in the courtroom.

5. If there are multiple requests to videotape, broadcast, televise, record or photograph the same proceeding or trial, the persons making such requests must make pooling arrangements among themselves unless otherwise determined by the presiding judge.

6. Photographers and equipment operators must conduct themselves in the courtroom quietly and discreetly, with due regard for the dignity of the courtroom.

7. To the extent practicable, any media or pool representative seeking to broadcast, televise, record or photograph an arraignment shall provide as much advance notice as possible to Administrative Judge of the Hartford Judicial District and to the Division of External Affairs.

8. On-camera and taped interviews must be conducted outside of the courthouse. No videotape and/or still photographs may be taken at any location in the courthouse other than the area designated by the judge.