I 

116TH CONGRESS 

2D SESSION H. R. 5645 

To provide for media coverage of Federal appellate court proceedings, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2020 

Mr. NADLER (for himself, Mr. CHABOT, Mr. QUIGLEY, and Mr. CONNOLLY) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To provide for media coverage of Federal appellate court 

proceedings, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eyes on the Courts 

5 Act of 2020’’. 

6 SEC. 2. MEDIA COVERAGE IN FEDERAL APPELLATE COURT 

7 PROCEEDINGS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) PRESIDING JUDGE.—The term ‘‘presiding 

10 judge’’ means the judge presiding over a proceeding 

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1 in an appellate court of the United States. In pro2 ceedings in which more than one judge participates, 

3 the presiding judge shall be the senior active judge 

4 so participating or, in the case of a circuit court of 

5 appeals, the senior active circuit judge so partici6 pating, except that— 

7 (A) in en banc sittings of any United 

8 States circuit court of appeals, the presiding 

9 judge shall be the chief judge of the circuit 

10 whenever the chief judge participates; and 

11 (B) in en banc sittings of the Supreme 

12 Court of the United States, the presiding judge 

13 shall be the Chief Justice whenever the Chief 

14 Justice participates. 

15 (2) APPELLATE COURT OF THE UNITED

16 STATES.—The term ‘‘appellate court of the United 

17 States’’ means any United States circuit court of ap18 peals and the Supreme Court of the United States. 

19 (b) MEDIA COVERAGE OF COURT PROCEEDINGS.— 

20 (1) IN GENERAL.—The presiding judge in a 

21 proceeding of an appellate court of the United 

22 States shall permit the photographing, electronic re23 cording, audio-visual coverage, broadcasting, tele24 vising, or streaming in real time or near-real time on 

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1 the internet of that proceeding to or for the public, 

2 unless— 

3 (A) the presiding judge determines in writ4 ing, on the motion of any party to the pro5 ceeding or sua sponte, that allowing such 

6 photographing, recording, broadcasting, tele7 vising, or streaming would violate the due proc8 ess rights of a party to the proceeding or is oth9 erwise not in the interests of justice; and 

10 (B) the determination under paragraph (1) 

11 is published at least 72 hours before the pro12 ceeding begins. 

13 (2) INTERLOCUTORY APPEALS BARRED.—The 

14 determination of a presiding judge under paragraph 

15 (1)(A) may not be challenged through an interlocu16 tory appeal. 

17 (3) GUIDELINES.—The Judicial Conference of 

18 the United States may promulgate guidelines with 

19 respect to the management and administration of 

20 photographing, recording, broadcasting, televising, 

21 or streaming described under paragraph (1). 

22 (4) PROCEDURES.—In the interests of justice 

23 and fairness, the presiding judge of each appellate 

24 court of the United States may promulgate rules 

25 and disciplinary measures for the courtroom use of 

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1 any form of media or media equipment and the ac2 quisition or distribution of any of the images or 

3 sounds obtained in the courtroom. The presiding 

4 judge may also require written acknowledgment of 

5 the rules by anyone individually or on behalf of any 

6 entity before being allowed to acquire any images or 

7 sounds from the courtroom. 

8 (c) EFFECTIVE DATE.—This Act shall apply with re9 spect to any proceeding in an appellate court of the United 

10 States that begins on or after the end of the 90-day period 

11 beginning on the date of the enactment of this Act. 

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