Rule 12. Recording, Broadcasting, and Photographing Court Proceedings

(A) Procedure Requests for permission to broadcast, televise, record, or take photographs in the courtroom shall be in writing. Unless otherwise provided by law or local rule, the judge assigned to the proceeding shall permit audio, audio-video recording, broadcasting by electronic means, and taking photographs in court proceedings that are open to the public. After consultation, the judge shall specify the place or places in the courtroom where the operators and equipment are to be positioned. The written order of the judge shall be made a part of the record of the proceedings.

(B) Limitations

(1) There shall be no audio recording or audio broadcast of conferences conducted in a court facility between attorneys and clients or co-counsel, of conferences conducted at the bench, or from the courtroom when court is not in session.

(2) The judge shall permit any victim or witness who objects to being recorded, broadcasted, or photographed the opportunity to be heard in advance of testifying. A victim or witness may not object to the court recording the proceeding as part of its official record.

(3) This rule shall not be construed to grant any greater rights than permitted by law.

(C) Revocation of permission Upon the failure of any person to comply with the conditions prescribed by this rule or the judge, the judge may revoke the permission to record, broadcast, or photograph the proceeding.

(D) Permissible equipment and operators

(1) Video, still photography, audio recording, or broadcasting of court proceedings shall be limited to one videographer, one still photographer, and one audio technician, unless otherwise ordered by the judge. In the event of multiple requests, the judge may order coverage of court proceedings to be conducted by pool representation. Individuals participating in the pool shall designate a pool representative. Access to video, photographs, and audio shall be shared with the pool. The pool arrangement shall be by agreement of the participants and the judge shall resolve any dispute.

(2) The judge shall prohibit equipment or activity that is distracting to the proceedings. No artificial lighting other than that normally used in the courtroom shall be employed, provided that, if the normal lighting in the courtroom can be improved without becoming obtrusive, the judge may permit modification.

(3) For audio recording or broadcast purposes, not more than one audio system shall be permitted in the courtroom. Where available and suitable, existing audio pickup systems in the court facility shall be used. If existing audio pickup systems are not available, microphones and other electronic equipment necessary for the audio pickup shall be as inconspicuous as possible but shall be visible.

(4) Videographers, photographers, and audio technicians shall not move about the courtroom while court is in session.

(E) Prohibition on recording jurors, witnesses, and juvenile defendants No audio recording, video or photograph of any juror, witness, or juvenile defendant shall be taken by any means by a person other than as approved by the judge. This division shall not apply to the court recording the proceeding as part of its official record. Commentary (April 1, 2024) Rule 12 is updated and simplified to reflect changes in court technology and court practice, especially post-COVID-19 pandemic, including the routine broadcasting by courts of their public proceedings on websites such as YouTube and holding hearings publicly accessible online using programs like Zoom. Additionally, the amended rule and updated commentary delete portions of former Sup.R. 12(C) and previously existing commentary stating that "[t]he filming, videotaping, recording, or taking of photographs of victims or witnesses who object shall not be permitted." That rule provision and commentary mirrored Canon (3)(A)(7)(c)(iii) of the Code of Judicial Conduct. That Code section no longer exists; thus, the amended rule and updated commentary no longer require or permit blanket orders not to film, videotape, record, or photograph objecting victims or witnesses. Commentary (July 1, 1997) The judge assigned to the trial or hearing shall permit the broadcasting or recording by electronic means and the taking of photographs in court proceedings open to the public, upon request, if the judge determines that to do so would not distract the participants, impair the dignity of the proceedings or otherwise materially interfere with the achievement of a fair trial. Both the request for permission and the ruling on the request must be in writing and made a part of the record of the proceedings. After consultation, the judge specifies the locations within the courtroom where operators and equipment may be located.