NY Jud L § 218 (2021)
2021 New York Laws JUD - Judiciary Article 7-A - Judicial Administration 218 - Audio-Visual Coverage of Judicial Proceedings.

* §   218.   Audio-visual   coverage   of   judicial  proceedings.  1. Authorization. Notwithstanding the provisions of  section  fifty-two  of the  civil rights law and subject to the provisions of this section, the chief judge of the state or his designee may authorize  an  experimental program in which presiding trial judges, in their discretion, may permit audio-visual coverage of civil and criminal court proceedings, including trials.   2. Definitions. For purposes of this section:  (a) "Administrative judge" shall mean the administrative judge of each judicial  district;  the  administrative  judge  of  Nassau county or of Suffolk county; the administrative judge of the civil court of the  city of  New  York  or  of the criminal court of the city of New York; or the presiding judge of the court of claims.  (b) "Audio-visual coverage" shall mean the electronic broadcasting  or other transmission to the public of radio or television signals from the courtroom,  the  recording  of sound or light in the courtroom for later transmission or reproduction, or the taking of still or motion  pictures in the courtroom by the news media.  (c)  "News  media"  shall  mean  any  news reporting or news gathering agency and any employee or agent associated with such agency,  including television,   radio,  radio  and  television  networks,  news  services, newspapers, magazines, trade papers, in-house publications, professional journals or any other news  reporting  or  news  gathering  agency,  the function of which is to inform the public, or some segment thereof.  (d)  "Presiding trial judge" shall mean the justice or judge presiding over proceedings at which audio-visual coverage is  authorized  pursuant to this section.  (e)  "Covert  or  undercover  capacity"  shall  mean  law  enforcement activity involving criminal investigation by peace  or  police  officers who  usually  and  customarily wear no uniform, badge, or other official identification in public view.  (f) "Arraignment" shall have the same meaning as such term is  defined in subdivision nine of section 1.20 of the criminal procedure law.  (g)  "Suppression  hearing"  shall  mean  a  hearing  on a motion made pursuant to the provisions of section 710.20 of the  criminal  procedure law;  a  hearing on a motion to determine the admissibility of any prior criminal, vicious or immoral acts of a defendant and any  other  hearing held to determine the admissibility of evidence.  (h)  "Nonparty  witness"  shall  mean  any witness in a criminal trial proceeding who is not a party to such proceeding; except  an  expert  or professional  witness, a peace or police officer who acted in the course of his or her duties and was  not  acting  in  a  covert  or  undercover capacity  in  connection  with  the  instant  court  proceeding,  or any government official acting in an official capacity, shall not be  deemed to be a "nonparty witness".  (i) "Visually obscured" shall mean that the face of a participant in a criminal trial proceeding shall either not be shown or shall be rendered visually  unrecognizable  to  the  viewer of such proceeding by means of special editing by the news media.   3. Requests for coverage of proceedings; administrative review.  (a) Prior to the commencement  of  the  proceedings,  any  news  media interested in providing audio-visual coverage of court proceedings shall file  a  request  with  the presiding trial judge, if assigned, or if no assignment has been made, to  the  judge  responsible  for  making  such assignment.  Requests for audio-visual coverage shall be made in writing and not less than seven days before the  commencement  of  the  judicial proceeding, and shall refer to the individual proceeding with sufficient identification  to  assist  the presiding trial judge in considering the  request.  Where  circumstances  are  such  that  an   applicant   cannot reasonably  apply  seven  or  more  days  before the commencement of the proceeding, the presiding trial judge may shorten the  time  period  for requests.  (b)  Permission  for news media coverage shall be at the discretion of the presiding trial judge. An order granting or denying  a  request  for audio-visual  coverage  of a proceeding shall be in writing and shall be included in the record of such proceeding. Such order shall contain  any restrictions imposed by the judge on the audio-visual coverage and shall contain a statement advising the parties that any violation of the order is  punishable by contempt pursuant to article nineteen of this chapter. Such order for initial access shall be subject only  to  review  by  the appropriate  administrative  judge;  there  shall be no further judicial review of such order  or  determination  during  the  pendency  of  such proceeding  before  such  trial  judge.  No  order allowing audio-visual coverage of a proceeding shall be sealed.  (c) Subject to the provisions of subdivision seven  of  this  section, upon  a  request  for  audio-visual  coverage  of court proceedings, the presiding trial judge  shall,  at  a  minimum,  take  into  account  the following  factors:  (i)  the  type  of case involved; (ii) whether such coverage would cause harm to any participant in the  case  or  otherwise interfere  with the fair administration of justice, the advancement of a fair trial or the  rights  of  the  parties;  (iii)  whether  any  order directing  the  exclusion of witnesses from the courtroom prior to their testimony  could  be  rendered  substantially  ineffective  by  allowing audio-visual  coverage  that  could  be  viewed by such witnesses to the detriment of any party; (iv) whether such coverage would interfere  with any law enforcement activity; or (v) involve lewd or scandalous matters.  (d) A request for audio-visual coverage made after the commencement of a  trial  proceeding  in  which  a  jury is sitting shall not be granted unless, (i) counsel for all parties to the proceeding  consent  to  such coverage,  or  (ii)  the  request  is for coverage of the verdict and/or sentencing in such proceeding.   4.  Supervision   of   audio-visual   coverage;   mandatory   pretrial conference; judicial discretion.  (a)  Audio-visual  coverage  of a court proceeding shall be subject to the  supervision  of  the  presiding   trial   judge.   In   supervising audio-visual  coverage  of  court  proceedings,  in particular any which involve lewd or scandalous matters, a presiding trial judge shall, where necessary for the protection of  any  participant  or  to  preserve  the welfare  of  a  minor,  prohibit  all  or  any  part of the audio-visual coverage of such participant, minor or exhibit.  (b) A pretrial  conference  shall  be  held  in  each  case  in  which audio-visual  coverage  of  a  proceeding  has  been  approved.  At such conference the presiding trial judge shall review, with counsel and  the news  media  who  will  participate  in  the  audio-visual coverage, the restrictions to be imposed.  Counsel  shall  convey  to  the  court  any concerns of prospective witnesses with respect to audio-visual coverage.  (c)  There  shall be no limitation on the exercise of discretion under this subdivision except as provided by law. The  presiding  trial  judge may at any time modify or reverse any prior order or determination.   5.  Consent. (a) Audio-visual coverage of judicial proceedings, except for arraignments and suppression hearings, shall not be limited  by  the objection  of  counsel,  parties, or jurors, except for a finding by the presiding trial judge of good or legal cause.  (b) Audio-visual coverage of  arraignments  and  suppression  hearings shall  be  permitted  only  with  the  consent  of  all  parties  to the proceeding; provided, however, where a party is not yet  represented  by  counsel  consent  may  not be given unless the party has been advised of his or her right to the aid of counsel pursuant to subdivision  four  of section 170.10 or 180.10 of the criminal procedure law and the party has affirmatively elected to proceed without counsel at such proceeding.  (c)  Counsel to each party in a criminal trial proceeding shall advise each nonparty witness that he or she has the right to request  that  his or  her  image  be visually obscured during said witness' testimony, and upon such request the presiding trial judge shall order the  news  media to  visually  obscure  the  visual  image  of the witness in any and all audio-visual coverage of the judicial proceeding.   6. Restrictions relating to equipment and personnel; sound  and  light criteria. Where audio-visual coverage of court proceedings is authorized pursuant to this section, the following restrictions shall be observed:  (a) Equipment and personnel:  (i)  No  more  than  two  electronic or motion picture cameras and two camera operators shall be permitted in any proceeding.  (ii) No more than one photographer to operate two still  cameras  with not  more  than  two  lenses  for  each camera shall be permitted in any proceeding.  (iii) No more than one audio system for broadcast  purposes  shall  be permitted  in  any proceeding. Audio pickup for all media purposes shall be effectuated through existing audio systems in the court facility.  If no  technically  suitable  audio  system  is  available, microphones and related wiring essential for media purposes shall be supplied  by  those persons  providing  audio-visual  coverage.  Any  microphones  and sound wiring shall be unobtrusive and located  in  places  designated  by  the presiding trial judge.  (iv)  Notwithstanding  the  provisions  of subparagraphs (i), (ii) and (iii) of this paragraph,  the  presiding  trial  judge  may  modify  his original order to increase or decrease the amount of equipment that will be  permitted  into a courtroom on a finding of special circumstances so long as it will not impair the dignity of  the  court  or  the  judicial process.  (v)  Notwithstanding  the  provisions  of  subparagraphs (i), (ii) and (iii) of this paragraph, the equipment authorized therein shall  not  be admitted  into  a  court  proceeding  unless  all  persons interested in providing audio-visual coverage of such proceedings shall  have  entered into  pooling  arrangements  for their respective groups. Furthermore, a pool operator for the electronic and motion picture  media  and  a  pool operator  for  the  still  photography  media  shall  be  selected,  and procedures for cost sharing and dissemination of  audio-visual  material established.  The  court  shall not be called upon to mediate or resolve any dispute as to such arrangements.  In  making  pooling  arrangements, consideration  shall  be  given  to  educational  users'  needs for full coverage of entire proceedings.  (b) Sound and light criteria:  (i) Only electronic and motion picture cameras,  audio  equipment  and still  camera  equipment which do not produce distracting sound or light shall be employed to cover judicial proceedings. The chief administrator of the courts shall promulgate a list of acceptable equipment models.  (ii) No motorized drives shall be permitted,  and  no  moving  lights, flash  attachments, or sudden lighting changes shall be permitted during judicial proceedings.  (iii) No light or signal visible  or  audible  to  trial  participants shall  be used on any equipment during audio-visual coverage to indicate whether it is operating.  (iv) It shall be the affirmative duty of any person  desiring  to  use equipment  other  than  that  authorized  by  the chief administrator to  demonstrate to the presiding trial judge, adequately in advance  of  any proceeding,  that  the  equipment sought to be utilized meets acceptable sound and light criteria. A failure to obtain advance judicial  approval for equipment shall preclude its use in any proceeding.  (v)  With  the  concurrence of the presiding trial judge modifications and additions may be made to light sources  existing  in  the  facility, provided  such modification or additions are installed and maintained at the expense of the news media who are  providing  audio-visual  coverage and provided they are not distracting or otherwise offensive.  (c)  Location  of  equipment  and  personnel.  Cameras,  equipment and personnel shall be positioned in locations designated by  the  presiding trial judge.  (i)  All  audio-visual coverage operators shall assume their assigned, fixed position within the designated area and once established  in  such position,  shall  act  in  a manner so as not to call attention to their activities.  (ii) The areas  so  designated  shall  provide  reasonable  access  to coverage  with  the  least possible interference with court proceedings. Equipment that is not necessary for audio-visual  coverage  from  inside the courtroom shall be located in an area outside the courtroom.  (d)  Movement  of equipment during proceedings. Equipment shall not be placed in, moved about  or  removed  from  the  courtroom,  and  related personnel   shall   not  move  about  the  courtroom,  except  prior  to commencement or after adjournment of proceedings each day, or  during  a recess.  Camera film and lenses shall be changed only during a recess in proceedings.   7. Restrictions on audio-visual coverage. Notwithstanding the  initial approval of a request for audio-visual coverage of any court proceeding, the   presiding   trial  judge  shall  have  discretion  throughout  the proceeding to revoke such approval or limit such coverage, and may where appropriate exercise such discretion  to  limit,  restrict  or  prohibit audio or video broadcast or photography of any part of the proceeding in the courtroom, or of the name or features of any participant therein. In any case, audio-visual coverage shall be limited as follows:  (a) no audio pickup or audio broadcast of conferences which occur in a court  facility  between attorneys and their clients, between co-counsel of a client, or between counsel and the presiding trial judge, shall  be permitted  without  the prior express consent of all participants in the conference;  (b) no  conference  in  chambers  shall  be  subject  to  audio-visual coverage;  (c)  no audio-visual coverage of the selection of the prospective jury during voir dire shall be permitted;  (d) no audio-visual coverage of the jury, or of any juror or alternate juror, while in the jury box, in the courtroom, in the jury deliberation room during recess, or while going to or from the deliberation  room  at any  time  shall  be permitted; provided, however, that, upon consent of the foreperson of a jury, the presiding trial judge may, in his  or  her discretion,  permit  audio  coverage  of  such  foreperson  delivering a verdict;  (e) no audio-visual coverage shall be permitted of a witness, who as a peace or police officer acted in a  covert  or  undercover  capacity  in connection  with the instant court proceeding, without the prior written consent of such witness;  (f) no audio-visual coverage shall be permitted of a witness, who as a peace or police officer is currently engaged in a covert  or  undercover capacity, without the prior written consent of such witness;  (g)  no  audio-visual  coverage  shall be permitted of the victim in a prosecution for rape, criminal sexual act, sexual  abuse  or  other  sex offense  under article one hundred thirty or section 255.25 of the penal law; notwithstanding the initial approval of a request for  audio-visual coverage  of  such  a  proceeding,  the presiding trial judge shall have discretion throughout the proceeding to limit any coverage  which  would identify  the  victim,  except  that  said  victim  can  request  of the presiding trial judge that audio-visual coverage be permitted of his  or her  testimony,  or  in  the  alternative  the  victim  can request that coverage of his or her testimony be permitted but that his or her  image shall  be  visually  obscured by the news media, and the presiding trial judge in his or her discretion shall grant the request of the victim for the coverage specified;  (h) no audio-visual coverage of any arraignment or suppression hearing shall be permitted without the prior  consent  of  all  parties  to  the proceeding;  provided,  however, where a party is not yet represented by counsel consent may not be given unless the party has  been  advised  of his  or  her right to the aid of counsel pursuant to subdivision four of section 170.10 or 180.10 of the criminal procedure law and the party has affirmatively elected to proceed without counsel at such proceeding;  (i) no judicial proceeding shall be scheduled, delayed,  reenacted  or continued at the request of, or for the convenience of the news media;  (j)  no audio-visual coverage of any participant shall be permitted if the presiding trial judge finds that such coverage is liable to endanger the safety of any person;  (k) no audio-visual coverage of any judicial proceedings which are  by law closed to the public, or which may be closed to the public and which have been closed by the presiding trial judge shall be permitted; and  (l)  no  audio-visual  coverage shall be permitted which focuses on or features a family member of a victim or  a  party  in  the  trial  of  a criminal   case,   except   while  such  family  member  is  testifying. Audio-visual coverage operators shall make  all  reasonable  efforts  to determine  the identity of such persons, so that such coverage shall not occur.   8. Violations. Any violation of an order or determination issued under this section shall be punishable  as  a  contempt  pursuant  to  article nineteen of this chapter.   9.  Review committee. (a) There shall be created a committee to review audio-visual coverage of court proceedings. The committee shall  consist of  twelve  members,  three to be appointed by the governor, three to be appointed by the chief judge of the courts, two to be appointed  by  the majority leader of the senate, two to be appointed by the speaker of the assembly,  one  to be appointed by the minority leader of the senate and one to be appointed by minority leader of the assembly. The chair of the committee shall be appointed by the chief judge of the courts. At  least one  member  of  the  committee  and  no  more  than  two members of the committee shall be a representative of the broadcast media, be  employed by  the  broadcast  media,  or  receive  compensation from the broadcast media. At least two members of the committee shall  be  members  of  the bar, engaged in the practice of law, and regularly conduct trials and/or appellate  arguments;  and at least one member of the committee shall by professional training and expertise be qualified to evaluate and analyze research methodology relevant to analyzing  the  impact  and  effect  of audio-visual  coverage of judicial proceedings. No one who has served on an earlier committee established by law to review audio-visual  coverage of  judicial  proceedings  in  New  York  state may be appointed to such committee. No member or  employee  of  the  executive,  legislative,  or  judicial  branches  of  the  state  government  may be appointed to such committee.  (b)  The members of the committee shall serve without compensation for their services as members of the committee,  except  that  each  of  the nonpublic  members  of  the  committee  may be allowed the necessary and actual travel, meals and lodging expenses which he or she shall incur in the performance of his or her duties under this  section.  Any  expenses incurred  pursuant  to this section shall be a charge against the office of court administration.  (c) The committee shall have the power,  duty  and  responsibility  to evaluate,  analyze,  and  monitor  the  provisions  of this section. The office of court administration and all participants in proceedings where audio-visual coverage was permitted,  including  judges,  attorneys  and jurors, shall cooperate with the committee in connection with the review of  the  impact  of  audio-visual  coverage  on  such  proceedings.  The committee shall request participation and assistance from the  New  York state  bar  association  and other bar associations. The committee shall issue a report to the legislature, the governor,  and  the  chief  judge evaluating  the  efficacy of the program and whether any public benefits accrue from the program, any abuses that occurred  during  the  program, and  the  extent to which and in what way the conduct of participants in court proceedings changes when audio-visual  coverage  is  present.  The committee  shall  expressly  and  specifically  analyze and evaluate the degree of compliance by trial judges and the media with  the  provisions of  this  section and the effect of audio-visual coverage on the conduct of trial judges both inside and outside the courtroom. Such report shall be submitted to the legislature, the governor and  the  chief  judge  by January thirty-first, nineteen hundred ninety-seven.   10.  Rules  and  regulations. The chief administrator shall promulgate appropriate  rules  and  regulations  for  the  implementation  of   the provisions  of  this  section  after  affording  all interested persons, agencies and institutions an opportunity to review and comment  thereon. Such  rules  and  regulations  shall  include  provisions to ensure that audio-visual coverage of trial proceedings shall not interfere with  the decorum and dignity of courtrooms and court facilities.   11.  Duration. The provisions of this section shall be of no force and effect after June thirtieth, nineteen hundred ninety-seven.   * NB Expired June 30, 1997