Florida Judicial Administration Rule 2.450
RULE 2.450. TECHNOLOGICAL COVERAGE OF JUDICIAL
PROCEEDINGS
(a) Electronic and Still Photography Allowed. Subject at
all times to the authority of the presiding judge to: (i) control the
conduct of proceedings before the court; (ii) ensure decorum and
prevent distractions; and (iii) ensure the fair administration of
justice in the pending cause, electronic media and still photography
coverage of public judicial proceedings in the appellate and trial
courts of this state shall be allowed in accordance with the following
standards of conduct and technology promulgated by the Supreme
Court of Florida.
(b) Equipment and Personnel.
(1) At least 1 portable television camera, operated by
not more than 1 camera person, shall be permitted in any trial or
appellate court proceeding. The number of permitted cameras shall
be within the sound discretion and authority of the presiding judge.
(2) Not more than 1 still photographer, using not more
than 2 still cameras, shall be permitted in any proceeding in a trial
or appellate court.
(3) Not more than 1 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 judge of the judicial circuit or district
in which the court facility is located.
(4) 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
presiding judge 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 presiding judge shall exclude all
contesting media personnel from a proceeding.
(c) Sound and Light Criteria.
(1) Only television photographic and audio equipment
that does not produce distracting sound or light shall be used to
cover judicial proceedings. No artificial lighting device of any kind
shall be used in connection with the television camera.
(2) Only still camera equipment that does not produce
distracting sound or light shall be used to cover judicial
proceedings. No artificial lighting device of any kind shall be used in
connection with a still camera.
(3) It shall be the affirmative duty of media personnel to
demonstrate to the presiding judge adequately in advance of any
proceeding that the equipment sought to be used meets the sound
and light criteria enunciated in this rule. A failure to obtain advance
judicial approval for equipment shall preclude its use in any
proceeding.
(d) Location of Equipment Personnel.
(1) Television camera equipment shall be positioned in
such location in the court facility as shall be designated by the chief
judge of the judicial circuit or district in which such facility is
situated. The area designated shall provide reasonable access to
coverage. If and when areas remote from the court facility that
permit reasonable access to coverage are provided, all television
camera and audio equipment shall be positioned only in such area.
Videotape recording equipment that is not a component part of a
television camera shall be located in an area remote from the court
facility.
(2) A still camera photographer shall position himself or
herself in such location in the court facility as shall be designated
by the chief judge of the judicial circuit or district in which such
facility is situated. The area designated shall provide reasonable
access to coverage. Still camera photographers shall assume a fixed
position within the designated area and, once established in a
shooting position, shall act so as not to call attention to themselves
through further movement. Still camera photographers shall not be
permitted to move about in order to obtain photographs of court
proceedings.
(3) 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
subdivision (b)(3) shall not be moved during the pendency of the
proceeding.
(e) Movement During Proceedings. News media
photographic or audio equipment shall not be placed in or removed
from the court facility except before 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.
(f) Courtroom Light Sources. With the concurrence of the
chief judge of a judicial circuit or district in which a court facility is
situated, modifications and additions may be made in light sources
existing in the facility, provided such modifications or additions are
installed and maintained without public expense.
(g) Conferences of Counsel. To protect the attorney-client
privilege and the effective right to counsel, there shall be no audio
pickup or broadcast of conferences that occur in a court facility
between attorneys and their clients, between co-counsel of a client,
or between counsel and the presiding judge held at the bench.
(h) Impermissible Use of Media Material. None of the film,
videotape, 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, in
any proceeding subsequent or collateral thereto, or upon retrial or
appeal of such proceedings.
(i) Appellate Review. Review of an order excluding the
electronic media from access to any proceeding, excluding coverage
of a particular participant, or upon any other matters arising under
these standards shall be pursuant to Florida Rule of Appellate
Procedure 9.100(d).
Court Commentary
1994 Amendment. This rule was copied from Canon 3A(7) of
the Code of Judicial Conduct. Canon 3A(7) represented a departure
from former Canon 3A(7) [ABA Canon 35]. The former canon
generally proscribed electronic media and still photography
coverage of judicial proceedings from within and in areas
immediately adjacent to the courtroom, with three categories of
exceptions — (a) use for judicial administration, (b) coverage of
investitive, ceremonial, and naturalization proceedings, and (c) use
for instructional purposes in educational institutions. Subject to
the limitations and promulgation of standards as mentioned
therein, the revised canon constituted a general authorization for
electronic media and still photography coverage for all purposes,
including the purposes expressed as exceptions in the former
canon. Limited only by the authority of the presiding judge in the
exercise of sound discretion to prohibit filming or photographing of
particular participants, consent of participants to coverage is not
required. The text of the rule refers to public judicial proceedings.
This is in recognition of the authority reposing in the presiding
judge, upon the exercise of sound discretion, to hold certain judicial
proceedings or portions thereof in camera, and in recognition of the
fact that certain proceedings or portions thereof are made
confidential by statute. The term “presiding judge” includes the
chief judge of an appellate tribunal.
PROCEEDINGS
(a) Electronic and Still Photography Allowed. Subject at
all times to the authority of the presiding judge to: (i) control the
conduct of proceedings before the court; (ii) ensure decorum and
prevent distractions; and (iii) ensure the fair administration of
justice in the pending cause, electronic media and still photography
coverage of public judicial proceedings in the appellate and trial
courts of this state shall be allowed in accordance with the following
standards of conduct and technology promulgated by the Supreme
Court of Florida.
(b) Equipment and Personnel.
(1) At least 1 portable television camera, operated by
not more than 1 camera person, shall be permitted in any trial or
appellate court proceeding. The number of permitted cameras shall
be within the sound discretion and authority of the presiding judge.
(2) Not more than 1 still photographer, using not more
than 2 still cameras, shall be permitted in any proceeding in a trial
or appellate court.
(3) Not more than 1 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 judge of the judicial circuit or district
in which the court facility is located.
(4) 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
presiding judge 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 presiding judge shall exclude all
contesting media personnel from a proceeding.
(c) Sound and Light Criteria.
(1) Only television photographic and audio equipment
that does not produce distracting sound or light shall be used to
cover judicial proceedings. No artificial lighting device of any kind
shall be used in connection with the television camera.
(2) Only still camera equipment that does not produce
distracting sound or light shall be used to cover judicial
proceedings. No artificial lighting device of any kind shall be used in
connection with a still camera.
(3) It shall be the affirmative duty of media personnel to
demonstrate to the presiding judge adequately in advance of any
proceeding that the equipment sought to be used meets the sound
and light criteria enunciated in this rule. A failure to obtain advance
judicial approval for equipment shall preclude its use in any
proceeding.
(d) Location of Equipment Personnel.
(1) Television camera equipment shall be positioned in
such location in the court facility as shall be designated by the chief
judge of the judicial circuit or district in which such facility is
situated. The area designated shall provide reasonable access to
coverage. If and when areas remote from the court facility that
permit reasonable access to coverage are provided, all television
camera and audio equipment shall be positioned only in such area.
Videotape recording equipment that is not a component part of a
television camera shall be located in an area remote from the court
facility.
(2) A still camera photographer shall position himself or
herself in such location in the court facility as shall be designated
by the chief judge of the judicial circuit or district in which such
facility is situated. The area designated shall provide reasonable
access to coverage. Still camera photographers shall assume a fixed
position within the designated area and, once established in a
shooting position, shall act so as not to call attention to themselves
through further movement. Still camera photographers shall not be
permitted to move about in order to obtain photographs of court
proceedings.
(3) 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
subdivision (b)(3) shall not be moved during the pendency of the
proceeding.
(e) Movement During Proceedings. News media
photographic or audio equipment shall not be placed in or removed
from the court facility except before 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.
(f) Courtroom Light Sources. With the concurrence of the
chief judge of a judicial circuit or district in which a court facility is
situated, modifications and additions may be made in light sources
existing in the facility, provided such modifications or additions are
installed and maintained without public expense.
(g) Conferences of Counsel. To protect the attorney-client
privilege and the effective right to counsel, there shall be no audio
pickup or broadcast of conferences that occur in a court facility
between attorneys and their clients, between co-counsel of a client,
or between counsel and the presiding judge held at the bench.
(h) Impermissible Use of Media Material. None of the film,
videotape, 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, in
any proceeding subsequent or collateral thereto, or upon retrial or
appeal of such proceedings.
(i) Appellate Review. Review of an order excluding the
electronic media from access to any proceeding, excluding coverage
of a particular participant, or upon any other matters arising under
these standards shall be pursuant to Florida Rule of Appellate
Procedure 9.100(d).
Court Commentary
1994 Amendment. This rule was copied from Canon 3A(7) of
the Code of Judicial Conduct. Canon 3A(7) represented a departure
from former Canon 3A(7) [ABA Canon 35]. The former canon
generally proscribed electronic media and still photography
coverage of judicial proceedings from within and in areas
immediately adjacent to the courtroom, with three categories of
exceptions — (a) use for judicial administration, (b) coverage of
investitive, ceremonial, and naturalization proceedings, and (c) use
for instructional purposes in educational institutions. Subject to
the limitations and promulgation of standards as mentioned
therein, the revised canon constituted a general authorization for
electronic media and still photography coverage for all purposes,
including the purposes expressed as exceptions in the former
canon. Limited only by the authority of the presiding judge in the
exercise of sound discretion to prohibit filming or photographing of
particular participants, consent of participants to coverage is not
required. The text of the rule refers to public judicial proceedings.
This is in recognition of the authority reposing in the presiding
judge, upon the exercise of sound discretion, to hold certain judicial
proceedings or portions thereof in camera, and in recognition of the
fact that certain proceedings or portions thereof are made
confidential by statute. The term “presiding judge” includes the
chief judge of an appellate tribunal.