Last revised (Transmittal 10-037) September 18, 2023

Guide to Judiciary Policy

Vol. 10: Public Access and Records

Ch. 4: Cameras in the Courtroom

§ 410 Overview

§ 410.10 Authority

§ 410.20 Applicability

§ 420 Judicial Conference Policy

§ 430 Judicial Conference-Adopted Commentary

§ 440 Use of Closed-Circuit Cameras for Victim Participation

§ 410 Overview

This chapter provides the Judicial Conference policy on the use of cameras in 

courtrooms.

§ 410.10 Authority

(a) Except as authorized in this chapter, Judicial Conference policy does not 

allow either civil or criminal courtroom proceedings in the district courts to 

be broadcast, televised, recorded, or photographed for the purpose of 

public dissemination. JCUS-SEP 1990, pp. 103-104; JCUS-SEP 1994, 

pp. 46-47; JCUS-SEP 1996, p. 54; JCUS-SEP 2023, p. __. 

(b) In addition, Rule 53 of the Federal Rules of Criminal Procedure prohibits 

taking photographs in the courtroom during judicial proceedings or 

broadcasting of judicial proceedings from the courtroom. 

(c) Subject to the Federal Rules of Practice and Procedure and any 

applicable statutes, Judicial Conference policy permits a judge to allow 

remote public audio access to some civil and bankruptcy proceedings 

(see: § 420(b)). JCUS-SEP 2023, p. __.

(d) In March 1996, the Judicial Conference adopted a policy that allows each 

court of appeals to determine whether appellate proceedings before it will 

be broadcast. JCUS-MAR 1996, p. 17.
Guide to Judiciary Policy, Vol. 10, Ch. 4 Page 2 

§ 410.20 Applicability

This policy is applicable to all U.S. district and appellate courts, including bankruptcy 

courts, which are units of the district courts, and applies when a federal judge uses a 

state facility to conduct a federal court proceeding and when a state judge uses a 

federal facility to conduct a state proceeding.

§ 420 Judicial Conference Policy

(a) A judge may authorize broadcasting, televising, recording, or taking 

photographs in the courtroom and in adjacent areas during investitive, 

naturalization, or other ceremonial proceedings. A judge may authorize 

such activities in the courtroom or adjacent areas during other 

proceedings, or recesses between such other proceedings, only:

(1) for the presentation of evidence;

(2) for the perpetuation of the record of the proceedings;

(3) for security purposes;

(4) for other purposes of judicial administration;

(5) for the photographing, recording, or broadcasting of appellate 

arguments; or

(6) consistent with pilot programs approved by the Judicial Conference 

(e.g., JCUS-SEP 2010, pp. 11-12).

(b) In addition, a judge presiding over a civil or bankruptcy non-trial 

proceeding may, in the judge’s discretion, authorize live remote public 

audio access to any portion of that proceeding in which a witness is not 

testifying. This policy does not create any right of any party or the public 

to live remote public audio access to any proceeding. JCUS-SEP 2023, 

p. __.

(c) When broadcasting, televising, recording, or photographing in the 

courtroom or adjacent areas is permitted, a judge should ensure that it is 

done in a manner that will: 

(1) be consistent with the rights of the parties; 

(2) not unduly distract participants in the proceeding; 
Guide to Judiciary Policy, Vol. 10, Ch. 4 Page 3 

(3) include measures, consistent with the parties’ responsibilities, to 

safeguard confidential, sensitive, or otherwise protected 

information; and

(4) not otherwise interfere with the administration of justice.

§ 430 Judicial Conference-Adopted Commentary

The Judicial Conference adopted the following commentary (as well as the policy in 

§ 420) to reflect the Conference policy decisions of September 1994 and March 1996: 

(a) Technology that permits the reproduction of sound and visual images 

provides our courts with a valuable resource to assist in their efforts to 

improve the administration of justice. That resource should be utilized, 

however, for purposes and in a manner consistent with the nature and 

objective of the judicial process.

(b) The general policy of the Conference recognizes a distinction between 

ceremonial and non-ceremonial proceedings. Cameras and electronic 

reproduction equipment may be used in the courtroom during ceremonial 

proceedings for any purpose. During non-ceremonial proceedings, they 

may be utilized only for the limited purposes specified in the policy 

statement: presentation of evidence, perpetuation of the record, security, 

other purposes of judicial administration, and the photographing, 

recording, or broadcasting of appellate arguments.

(c) During non-ceremonial proceedings, audio and audio-visual recording 

equipment may be utilized to make the official record of the proceedings. 

See also: Guide, Vol. 6 (Court Reporting). The authority to use such 

equipment for the perpetuation of the record does not include the authority 

to make a record of the proceedings for any other purpose.

(d) Presentation of evidence through electronic means can take many forms. 

Closed circuit television, for example, can be used to present the 

testimony of witnesses who are available at a remote location such as a 

hospital or correctional facility, but who cannot conveniently attend the 

trial. A further example is provided by a long, complex case in which the 

judge authorized videotaping of the evidence so that the trial would not 

have to be interrupted in the event a juror or lawyer became ill or was 

otherwise required to be absent for a short period of time; the evidence 

taken during such absences was thus available on videotape to be 

presented to the juror or lawyer on his or her return.

(e) The use of electronic means for purposes of courtroom security is 

illustrated by a closed-circuit video system that allows a marshal to 
Guide to Judiciary Policy, Vol. 10, Ch. 4 Page 4 

maintain a security surveillance of one or more trials from a remote 

location.

(f) The policy statement also authorizes a trial judge to make use of 

electronic means for other purposes of judicial administration. This is 

intended to provide the necessary flexibility for experimentation with new 

uses of technology so long as those uses directly assist the judge and 

other judicial personnel in the performance of their official responsibilities. 

This “judicial administration” authorization, for example, would permit 

closed circuit television linking the courtroom with a special room where a 

disruptive defendant is being held.

(g) Except with respect to ceremonial proceedings and appellate proceedings, 

the Conference policy does not authorize the contemporaneous 

photographing, recording, or broadcasting of proceedings from the 

courtroom to the public beyond the courthouse walls. The Judicial 

Conference remains of the view that it would not be appropriate to require 

all non-ceremonial proceedings to be subject to media broadcasting. 

Following a three-year experiment with cameras in the courtroom, the 

Judicial Conference concluded that the intimidating effect of cameras on 

some witnesses and jurors was cause for concern. Accordingly, the 

Judicial Conference policy does not permit the taking of photographs and 

radio and television coverage of court proceedings in the United States 

district courts.

(h) In March 1996 the Judicial Conference authorized each court of appeals 

to decide locally whether or not to permit cameras in the appellate 

courtrooms, subject to any restrictions in statutes, national and local rules, 

and such guidelines as the Judicial Conference may adopt. JCUS-MAR 

1996, p. 17.

(i) Except in connection with the enumerated exceptions, the Conference 

policy does not authorize audio or video taping in the courtroom for the 

purpose of later public dissemination. Where an audio or video taping is 

used to perpetuate the official record, that record will be available to the 

public and the media to the same extent that an official transcript record is 

currently available to them.

(j) The Conference has assigned a supervisory role to the circuit councils. 

Circuit councils are urged to adopt orders under 28 U.S.C. § 332(d)(1), 

reflecting the September 1994 decision of the Judicial Conference not to 

permit the taking of photographs and radio and television coverage of 

court proceedings in the U.S. district courts, and to abrogate any local 

rules of court that conflict with this decision, pursuant to 28 U.S.C. 

§ 2071(c)(1). A circuit council may elect to establish guidelines, or require 

pre-clearance, for such permitted uses of cameras and other electronic 
Guide to Judiciary Policy, Vol. 10, Ch. 4 Page 5 

means in the courts of its circuit. Even in the absence of an applicable 

pre-clearance requirement, judges should consult their circuit council 

when such a proposed use of cameras or other electronic means will 

make a significant demand on judicial resources or will require 

coordination with other elements of the judiciary. For example, since the 

equipment necessary to review a video record of a trial is not currently 

available to all courts of appeals, it is contemplated that trial judges will 

authorize the use of video tape to perpetuate a record only with circuit 

council approval. However, in the absence of such special considerations 

or an applicable circuit pre-clearance requirement, and subject to any 

relevant circuit guidelines, judges will determine if, when, and how 

cameras and other electronic means will be utilized in their courtrooms.

§ 440 Use of Closed-Circuit Cameras for Victim Participation

(a) Under 34 U.S.C. § 20142, closed-circuit television coverage of criminal 

trials is required for victims of crime when the venue of the trial:

(1) is moved out of state and

(2) is more than 350 miles from the place where the prosecution would 

have originally taken place. 

(b) The statute, a provision of the Antiterrorism and Effective Death Penalty 

Act of 1996:

(1) contains several safeguards against public transmission of the 

closed-circuit televising, and

(2) provides the trial court with substantial authority to set conditions.