II 

Calendar No. 383 

109TH CONGRESS 

2D SESSION S. 829 

To allow media coverage of court proceedings. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2005 

Mr. GRASSLEY (for himself, Mr. SCHUMER, Mr. CORNYN, Mr. LEAHY, Mr. 

CRAIG, Mr. FEINGOLD, Mr. ALLEN, Mr. DURBIN, Mr. GRAHAM, Mr. 

DEWINE, Mr. ALLARD, and Mr. SPECTER) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

MARCH 30, 2006 

Reported by Mr. SPECTER, without amendment 

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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sunshine in the Court5 room Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

2 judge’’ means the judge presiding over the court 

3 proceeding concerned. In proceedings in which more 

4 than 1 judge participates, the presiding judge shall 

5 be the senior active judge so participating or, in the 

6 case of a circuit court of appeals, the senior active 

7 circuit judge so participating, except that— 

8 (A) in en banc sittings of any United 

9 States circuit court of appeals, the presiding 

10 judge shall be the chief judge of the circuit 

11 whenever the chief judge participates; and 

12 (B) in en banc sittings of the Supreme 

13 Court of the United States, the presiding judge 

14 shall be the Chief Justice whenever the Chief 

15 Justice participates. 

16 (2) APPELLATE COURT OF THE UNITED

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

18 States’’ means any United States circuit court of ap19 peals and the Supreme Court of the United States. 

20 SEC. 3. AUTHORITY OF PRESIDING JUDGE TO ALLOW 

21 MEDIA COVERAGE OF COURT PROCEEDINGS. 

22 (a) AUTHORITY OF APPELLATE COURTS.—Notwith23 standing any other provision of law, the presiding judge 

24 of an appellate court of the United States may, in the dis25 cretion of that judge, permit the photographing, electronic 


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1 recording, broadcasting, or televising to the public of court 

2 proceedings over which that judge presides. 

3 (b) AUTHORITY OF DISTRICT COURTS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, any presiding judge of a district 

6 court of the United States may, in the discretion of 

7 that judge, permit the photographing, electronic re8 cording, broadcasting, or televising to the public of 

9 court proceedings over which that judge presides. 

10 (2) OBSCURING OF WITNESSES.— 

11 (A) IN GENERAL.—Upon the request of 

12 any witness in a trial proceeding other than a 

13 party, the court shall order the face and voice 

14 of the witness to be disguised or otherwise ob15 scured in such manner as to render the witness 

16 unrecognizable to the broadcast audience of the 

17 trial proceeding. 

18 (B) NOTIFICATION TO WITNESSES.—The 

19 presiding judge in a trial proceeding shall in20 form each witness who is not a party that the 

21 witness has the right to request that the image 

22 and voice of that witness be obscured during 

23 the witness’ testimony. 

24 (c) ADVISORY GUIDELINES.—The Judicial Con25 ference of the United States may promulgate advisory 


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1 guidelines to which a presiding judge, in the discretion of 

2 that judge, may refer in making decisions with respect to 

3 the management and administration of photographing, re4 cording, broadcasting, or televising described under sub5 sections (a) and (b). 

6 SEC. 4. SUNSET. 

7 The authority under section 3(b) shall terminate 3 

8 years after the date of the enactment of this Act. 


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Calendar No. 383 

109TH CONGRESS 

2D SESSION S. 829 

A BILL 

To allow media coverage of court proceedings. 

MARCH 30, 2006 

Reported without amendment 


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