Section 1-11C.Media Coverage of Criminal Proceedings

This section governs media coverage of criminal proceedings and trials, apart from arraignments, which fall under Section 1-11A, and subject to the general limits in Section 1-10B. Coverage should generally be allowed unless precluded or limited under this section. Trials or proceedings involving sexual offense charges can't be covered, except through the homicide exception described below. As used here, “trial” in jury cases means proceedings after the jury is sworn, and in nonjury cases, proceedings starting with the first witness's swearing in; “criminal proceeding” means any hearing or testimony, or portion of one, held in open court and on the record, other than an arraignment.

Absent good cause, a media or pool representative must email a coverage request to the chief court administrator's designee at least three days before the proceeding or trial, and that designee notifies the administrative judge, presiding judge of criminal matters, the assigned judicial authority, the clerk, and the supervising marshal. Any party, attorney, witness, or other interested person can object in advance if there's a substantial reason coverage would undermine legal rights, compromise safety, or raise significant privacy concerns, with notice of the objection and hearing posted on the Judicial Branch website where practicable; anyone with rights at issue, including the media, can participate, and the objecting party bears the burden of proof. The judicial authority may limit or preclude coverage only for a compelling reason, with no reasonable alternative, and no broader than necessary. It can also schedule its own hearing on similar concerns even without an objection. Mid-proceeding objections to coverage of specific aspects, individuals, or exhibits get decided under the same standard, and the judicial authority must state its reasons for any decision, which is final.

The presiding judge may also prohibit coverage of a specific participant — any party, lawyer, or witness — on the judge's own motion or a participant's request, giving great weight to protecting people such as crime victims, informants, undercover agents, relocated witnesses, and juveniles. Equipment is strictly capped: one television camera operator with one portable mounted camera, one still photographer, and one audio recorder, each confined to a location the trial judge designates and unable to move once the trial starts. Only non-distracting equipment is allowed, with no supplemental lighting absent the presiding judge's approval. Coverage in areas adjacent to the courtroom during sessions or recesses is prohibited, and attorney conduct on trial publicity remains governed by Rule 3.6 of the Rules of Professional Conduct. Multiple outlets covering the same proceeding must pool among themselves, and the judicial authority may require a pretrial conference with attorneys and media personnel to sort out coverage logistics.

Subsection (q) creates a narrow exception: in a homicide case involving sexual assault, the judicial authority may permit coverage of the trial if the victim's family affirmatively consents, no family member objects, and the family has been notified. “Victim's family” is defined broadly to include a spouse, parent, grandparent, stepparent, aunt, uncle, niece, nephew, child (including natural-born, step-, and adopted children), grandchild, sibling or half-sibling, and a spouse's parent.