II

106TH CONGRESS

1ST SESSION S. 721

To allow media coverage of court proceedings.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mr. GRASSLEY (for himself, Mr. SCHUMER, Mr. LEAHY, Mr. FEINGOLD, and

Mr. MOYNIHAN) introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To allow media coverage of court proceedings.

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

3 SECTION 1. AUTHORITY OF PRESIDING JUDGE TO ALLOW

4 MEDIA COVERAGE OF COURT PROCEEDINGS.

5 (a) AUTHORITY OF APPELLATE COURTS.—Notwith6 standing any other provision of law, the presiding judge

7 of an appellate court of the United States may, in his or

8 her discretion, permit the photographing, electronic re9 cording, broadcasting, or televising to the public of court

10 proceedings over which that judge presides.

11 (b) AUTHORITY OF DISTRICT COURTS.—
2

S 721 IS

1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law, any presiding judge of a district

3 court of the United States may, in his or her discre4 tion, permit the photographing, electronic recording,

5 broadcasting, or televising to the public of court pro6 ceedings over which that judge presides.

7 (2) OBSCURING OF WITNESSES.—(A) Upon the

8 request of any witness in a trial proceeding other

9 than a party, the court shall order the face and voice

10 of the witness to be disguised or otherwise obscured

11 in such manner as to render the witness unrecogniz12 able to the broadcast audience of the trial pro13 ceeding.

14 (B) The presiding judge in a trial proceeding

15 shall inform each witness who is not a party that the

16 witness has the right to request that his or her

17 image and voice be obscured during the witness’ tes18 timony.

19 (c) ADVISORY GUIDELINES.—The Judicial Con20 ference of the United States is authorized to promulgate

21 advisory guidelines to which a presiding judge, in his or

22 her discretion, may refer in making decisions with respect

23 to the management and administration of photographing,

24 recording, broadcasting, or televising described in sub25 sections (a) and (b).
3

S 721 IS

1 SEC. 2. DEFINITIONS.

2 As used in this Act:

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

4 judge’’ means the judge presiding over the court

5 proceeding concerned. In proceedings in which more

6 than one judge participates, the presiding judge

7 shall be the senior active judge so participating or,

8 in the case of a circuit court of appeals, the senior

9 active circuit judge so participating, except that—

10 (A) in en banc sittings of any United

11 States circuit court of appeals, the presiding

12 judge shall be the chief judge of the circuit

13 whenever the chief judge participates; and

14 (B) in en banc sittings of the Supreme

15 Court of the United States, the presiding judge

16 shall be the Chief Justice whenever the Chief

17 Justice participates.

18 (2) APPELLATE COURT OF THE UNITED

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

20 States’’ means any United States circuit court of ap21 peals and the Supreme Court of the United States.

22 SEC. 3. SUNSET.

23 The authority under section (1)(b) shall terminate on

24 the date that is 3 years after the date of the enactment

25 of this Act.

Æ