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Rule 50. Media Coverage of Court Proceedings.
(a) Media Coverage. Court proceedings may be covered by the news media under the provisions of this rule. For purposes of this rule, "media" includes the electronic media, still photographers and sketch artists. The rule applies at all times throughout state court facilities and is not limited to courtrooms or to times when court is in session. The rule does not allow media coverage of state court proceedings held in a federal court facility unless coverage is allowed by federal rule.
(b) Application for Court Approval.
(1) The media shall apply for approval of media coverage to the judge presiding over the proceeding to be covered. This application must be made at least 24 hours prior to the proceeding unless good cause is shown for a later application. A timely application will be deemed approved unless the court otherwise orders.
(2) The presiding judge and the area court administrator for each judicial district may designate for each court location a public area in which media coverage may take place without application for prior approval.
(c) Consent of Parties. All parties, including the guardian ad litem, must consent to media coverage of a divorce, dissolution of marriage, domestic violence, child custody and visitation, paternity or other family proceedings.
(d) Prohibition of Coverage. A court may prohibit or terminate media coverage only if: (1) a party does not consent to media coverage under paragraph (c); (2) prohibition of coverage is necessary to ensure the fair administration of justice in any present or future case; or (3) the media fails to comply with reasonable restrictions issued under paragraph (e).
(e) Restrictions on Coverage.
(1) A victim of a sexual offense may not be photographed, filmed, videotaped or sketched without the consent of the court and victim.
(2) Jurors may not be photographed, filmed or videotaped, except during the return of the verdict. Return of the verdict does not include polling jurors.
(3) The court may impose reasonable restrictions on the time, place or manner of media coverage in a particular case. Any restrictions must be stated on the record, and must be reasonably related and narrowly drawn by the least restrictive means to: (i) control the conduct of proceedings before the court; (ii) ensure decorum and prevent distractions; (iii) protect the reasonable privacy interests of a minor or any other person; or (iv) ensure the fair administration of justice in pending or future cases.
(4) The administrative director of the Alaska Court System may establish by administrative bulletin reasonable statewide procedures and standards for media coverage of judicial proceedings.
(f) Photographing, filming, videotaping and sketching by anyone other than news media requires a prior written determination by the presiding judge of the judicial district that the activity is not disruptive. In addition, such activity must comply with the other provisions of this rule.
(g) Challenge to Denial of Coverage.
(1) A media organization for which coverage has been denied or restricted may request in writing that the trial court reconsider its ruling. The request may be made by an officer or employee of the media organization, AS 22.20.040 notwithstanding, may be made in the form of a letter to the judge, must state the reasons why media coverage should be allowed, and must be served on all parties to the case pursuant to Civil Rule 5. The parties may submit memoranda in response to such a request only if asked to do so by the judge.
(2) If the request is denied, the media organization may petition for review pursuant to the Appellate Rules. AS 22.20.040 applies to any such petition for review.
(h) Suspension of Media Privileges. If the judge presiding at a proceeding determines that an individual or organization has violated any provision of the media plan, the judge may recommend to the administrative director that the individual's or organization's media coverage privileges be suspended for a period of up to one year. The judge shall notify the individual or organization by certified mail of the recommendation and the reasons which support it. The individual or organization has five working days from receipt of the notice to respond in writing to the administrative director. The director shall send notice to the judge and the individual or organization of the director's decision within five working days.
(Adopted by SCO 978 effective January 15, 1990; amended by SCO 1058 effective July 15, 1991)
NOTE: The administrative bulletin referred to in subparagraph (e)(4) is Bulletin No. 45. It begins on the following page.
ALASKA COURT SYSTEM
OFFICE OF THE ADMINISTRATIVE
DIRECTOR ADMINISTRATIVE BULLETIN NO. 45
This administrative bulletin is adopted pursuant to Administrative Rule 50(e) (4) and applies to any media coverage allowed under Administrative Rule 50.
1. Number of Cameras. Not more than two portable television cameras (or 16mm sound or film cameras), operated by not more than one camera operator each, will be permitted in a courtroom or adjacent areas in any trial court proceeding or during a recess in the proceeding. A judge may allow only one such camera operated by one camera operator if the judge determines that the courtroom size warrants this limitation. In Anchorage, not more than one such camera operated by one camera operator is permitted in the hearing room adjacent to the traffic courtroom on the first floor of the "old" court building and in Courtrooms "B", "D", "J", and "District Courtroom 10" in the "new" court building, unless the judge presiding at a proceeding held in one of these rooms specifically authorizes an additional camera and operator. Not more than two television cameras (or 16mm sound or film cameras), operated by not more than one camera operator each, will be permitted in a courtroom or adjacent areas in any court of appeals or supreme court proceeding or during a recess in the proceeding. These provisions do not apply to a courtroom which the administrative director has designated as a media courtroom.
2. Number of Photographers. Not more than two photographers operating not more than two still cameras each will he permitted in a courtroom or adjacent areas in any judicial proceeding or during a recess in the proceeding. These provisions do not apply to a courtroom which the administrative director has designated as a media courtroom.
3. Number of Audio Systems for Radio Broadcast. Not more than two audio systems for radio broadcast purposes will be permitted in a courtroom or adjacent areas in any proceeding or during a recess in the proceeding in a trial court, the court of appeals, or the supreme court. These provisions do not apply to a courtroom which the administrative director has designated as a media courtroom.
4. Audio Pickup. Audio pickup for all media purposes must be made from existing audio systems present in the court facility. The court will provide audio connections for the media at microphone level output.
5. Pooling. "Pooling" arrangements among the media required by these limitations on equipment and personnel are the sole responsibility of the media without resort to the court or court personnel to mediate any dispute as to the appropriate media representative or equipment authorized to cover a particular proceeding. In the absence of media agreement on disputed equipment or personnel issues, the court may exclude all contesting media from a proceeding.
6. Audio Recording. Audio recording of court proceedings are permitted in all court proceedings open to the public, unless the judge presiding at the proceeding determines that the equipment produces a distracting sound or is otherwise obtrusive.
7. Sound and Light Criteria.
(a) Type of Television and Audio Equipment Allowed. Only television and audio equipment which does not produce distracting sound or light may be used to cover judicial proceedings. If the judge presiding at a proceeding determines on motion of the parties or on the judge's own motion that the equipment produces distracting sound or light, the judge may order coverage to cease until the distraction has been eliminated. No artificial lighting device of any kind may be employed in connection with a television camera, and no camera may give any indication of whether it is or is not operating, such as by use of a red light to note operational status.
(b) Type of Photography Equipment Allowed. Electronic flash or flash cubes, as well as motorized cameras which produce distracting sound, are prohibited from use in any proceeding.
8. Location of Equipment and Personnel.
(a) Television Equipment. Television camera equipment must be positioned in a location or locations in the courtroom or adjacent areas as designated by the judge presiding at the proceeding or the judge's designee.
(b) Still Photograph. A still camera photographer shall position himself or herself in a location in the courtroom or adjacent areas as designated by the judge presiding at the proceeding or the judge's designee, and shall take photographs only from that location. The photographer's movements while taking pictures must be unobtrusive, and he or she should not, for example, assume body positions which would be inappropriate for other spectators.
(c) Radio Broadcast Audio Equipment. Radio broadcast audio equipment must be positioned in a location or locations in the courtroom or adjacent areas as designated by the judge presiding at the proceeding or the judge's designee.
9. Movement of Equipment During Proceedings. Television and audio equipment and tripod-mounted still cameras must not be placed in or removed from the courtroom except prior to commencement or after adjournment of proceedings each day, or during a recess.
10. Conference of Counsel. To protect the attorney-client privilege and the effective right to counsel, there may be no broadcast of conferences which occur in the courtroom or the court facility between attorneys and their clients, between co-counsel of a client, or between counsel and the judge held at the bench. As a further precaution, due to the sensitivity of courtroom recording equipment, the judge presiding at the proceeding may inform counsel at the outset of the proceeding that the court will entertain requests from counsel to go off record for attorney-client conferences.
11. Behavior and Dress. Media representatives are expected to present a neat appearance in keeping with the dignity of the proceedings and be sufficiently familiar with court proceedings to conduct themselves so as not to interfere with the dignity of the proceedings, or to distract counsel or the court.
12. Credentials. Media coverage under this plan is allowed only by members of the working press and other media representatives. Media representatives must present their credentials upon request.Before coverage will he allowed, media representatives shall obtain identification from the area court administrator for the judicial district or the clerk of court in which the proceeding occurs after presenting such credentials as may be requested. Identification must be worn at all times when covering judicial proceedings.
13. Procedures for Obtaining Approval.
(a) Request to Cover a Trial Court Proceeding. Media personnel desiring to cover a proceeding before a trial court must submit an application to the judge presiding at the proceeding on a form provided by the area court administrator's office. If no judge has been assigned to the proceeding the application must be submitted to the area court administrator and will be forwarded to the judge immediately after assignment is made.
(b) Request to Cover Appellate Procedures. Media personnel desiring to cover a supreme court or court of appeals proceeding shall submit a request to the court through the office of the clerk of the appellate courts on a form to be provided by the appellate clerk's office.
14. The judge presiding over a proceeding may alter the foregoing provisions of this bulletin for that particular proceeding upon a showing of good cause.
15. Liaison. The area court administrator shall maintain communication with media representatives with respect to coverage of trial court proceedings to ensure smooth working relationships. The clerk of the appellate courts shall maintain this communication with respect to coverage of supreme court or court of appeals proceedings.
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
