II 

109TH CONGRESS 

1ST 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, and Mr. ALLARD) 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. 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: 

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

9 judge’’ means the judge presiding over the court 

10 proceeding concerned. In proceedings in which more 

11 than 1 judge participates, the presiding judge shall 
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1 be the senior active judge so participating or, in the 

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

3 circuit judge so participating, except that— 

4 (A) in en banc sittings of any United 

5 States circuit court of appeals, the presiding 

6 judge shall be the chief judge of the circuit 

7 whenever the chief judge participates; and 

8 (B) in en banc sittings of the Supreme 

9 Court of the United States, the presiding judge 

10 shall be the Chief Justice whenever the Chief 

11 Justice participates. 

12 (2) APPELLATE COURT OF THE UNITED

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

14 States’’ means any United States circuit court of ap15 peals and the Supreme Court of the United States. 

16 SEC. 3. AUTHORITY OF PRESIDING JUDGE TO ALLOW 

17 MEDIA COVERAGE OF COURT PROCEEDINGS. 

18 (a) AUTHORITY OF APPELLATE COURTS.—Notwith19 standing any other provision of law, the presiding judge 

20 of an appellate court of the United States may, in the dis21 cretion of that judge, permit the photographing, electronic 

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

23 proceedings over which that judge presides. 

24 (b) AUTHORITY OF DISTRICT COURTS.— 
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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 the discretion of 

4 that judge, permit the photographing, electronic re5 cording, broadcasting, or televising to the public of 

6 court proceedings over which that judge presides. 

7 (2) OBSCURING OF WITNESSES.— 

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

9 any witness in a trial proceeding other than a 

10 party, the court shall order the face and voice 

11 of the witness to be disguised or otherwise ob12 scured in such manner as to render the witness 

13 unrecognizable to the broadcast audience of the 

14 trial proceeding. 

15 (B) NOTIFICATION TO WITNESSES.—The 

16 presiding judge in a trial proceeding shall in17 form each witness who is not a party that the 

18 witness has the right to request that the image 

19 and voice of that witness be obscured during 

20 the witness’ testimony. 

21 (c) ADVISORY GUIDELINES.—The Judicial Con22 ference of the United States may promulgate advisory 

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

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

25 the management and administration of photographing, re-
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1 cording, broadcasting, or televising described under sub2 sections (a) and (b). 

3 SEC. 4. SUNSET. 

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

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

Æ