PART 29. Electronic Recording And Audio-visual Coverage In Court Facilities And Of Court Proceedings

29.1 General
29.2 Appellate courts
29.3 Trial courts

Section 29.1 General.

(a) Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtained; provided, however, that the permission of the Chief Judge of the Court of Appeals or the presiding justice of an Appellate Division shall be obtained with respect to the court over which each presides. Such permission may be granted if:

(1) there will be no detraction from the dignity or decorum of the courtroom or courthouse;

(2) there will be no compromise of the safety of persons having business in the courtroom or courthouse;

(3) there will be no disruption of court activities;

(4) there will be no undue burden upon the resources of the courts; and

(5) granting of permission will be consistent with the constitutional and statutory rights of all affected persons and institutions.

Permission may be conditioned upon compliance with any special requirements that may be necessary to ensure that the above conditions are met.

(b) This section shall not apply to:

applications made to the appropriate court for photographing, taping or videotaping by or on behalf of the parties to the litigation and not for public dissemination.

Historical Note
Sec. filed May 3, 1971; repealed, new filed Feb. 2, 1982; amds. filed: May 28, 1985; April 1, 1996 eff. March 21, 1996.

Amended (b) on Jun. 21, 2016

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Section 29.2 Appellate courts.

In respect to appellate courts, the Chief Judge hereby authorizes electronic photographic recording of proceedings in such courts, subject to the approval of the respective appellate court.

(a) Conferences of counsel. To protect the attorney-client privilege and effective right to counsel, there shall be 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 judge held at the bench, without the express consent of all participants in the conference. Nor shall any chambers conference be filmed, recorded or broadcast.

(b) Consent not required. Electronic media or print photography coverage of appellate arguments shall not be limited by the objection of counsel or parties, except for good cause shown.

(c) Appellate review. An order granting or denying the electronic media from access to any proceeding, or affecting other matters arising under these rules and standards, shall not be appealable insofar as it pertains to and arises under these rules and standards except as otherwise provided and authorized by law.

Historical Note
Sec. filed May 3, 1971; repealed, new filed Feb. 2, 1982 eff. Jan. 1, 1982.

Amended on Jun. 21, 2016

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Section 29.3 Trial courts.

Audio-visual coverage of proceedings in the trial courts shall be permitted only in accordance with the provisions of Part 131 of the Rules of the Chief Administrator.

Historical Note
Sec. filed May 3, 1971; repealed, filed Feb. 2, 1982 eff. Jan. 1, 1982; new filed Feb. 2, 1982; repealed, new filed Dec. 2, 1987 eff. Dec. 1, 1987.

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