1. MASSACHUSETTS CODE OF JUDICIAL CONDUCT, CANON 3A(7), RULE 3:09

(7) A judge shall permit broadcasting, televising, electronic recording, or taking photographs of proceedings open to the public in the courtroom by the news media for news gathering purposes and dissemination of information to the public, subject, however, to the following limitations:

(a) A judge may limit or temporarily suspend such news media coverage, if it appears that such coverage will create a substantial likelihood of harm to any person or other serious harmful consequence.

(b) A judge should not permit broadcasting, televising, electronic recording, or taking photographs of hearings of motions to suppress or to dismiss or of probable cause or voir dire hearings.

(c) During the conduct of a ury trial a judge should not permit recording or close- up photographing or televising of bench conferences, conferences between counsel or conferences between counsel and client Frontal and close-up photography of the jury panel should not usually be permitted.

(d) A judge should require that all equipment is of a type and positioned and operated in a manner which does not detract from the dignity and decorum of the proceeding. Only one stationary, mechanically silent video or motion picture camera and, in addition one silent still camera should be permitted in the courtroom at one time. The equipment and its operator usually should be in place and remain so as long as the court is in session, and movement should be kept to a minimum particularly, in jury trials.

(e) A judge should require reasonable advance notice from the news media of their request to be present to broadcast, to televise, to record electronically, or to take photographs at a particular session. In the absence of such notice, the judge may refuse to admit them.

(f) A judge may permit, when authorised by rules of court, the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record for other purposes of judicial administration or for the preparation of materials for educational purposes.

II. IOWA CODE OF JUDICIAL CONDUCT, CANON 3A(7)

Subject at all times to the authority of the presiding judge to control the conduct of proceedings before the court to ensure decorum and prevent distractions and to ensure the fair administration of justice in the pending cause, electronic media and still photography coverage of public judicial proceedings in the trial and appellate courts of this state shall be allowed in accordance with rules of procedure promulgated by the Supreme Court of Iowa.

Rules of Procedure

1. Definitions

"Judicial proceedings' or "proceedings' as referred to in these rules shall include all public trials, hearings or other proceedings in a trial or appellate court for which expanded media is requested, except those specifically excluded by these rules.

"Expanded media coverage" includes broadcasting, televising, electronic recording or photographing of Judicial proceedings for the purpose of gathering and disseminating news to the public.

"Judge" means the magistrate, district associate judge or district Judge presiding in a trial court proceeding or the presiding judge or justice in an appellate proceeding.

"Good cause" for purposes of exclusion under these rules means that coverage will have a substantial effect upon the objector which would be qualitatively different from the effect on members of the public in general and that such effect will be qualitatively different from coverage by other types of media.

"Media coordinator' as referred to in these rules shall include media coordinating councils as well as the designees of such coordinators or councils.

2. General

Broadcasting, televising, recording and photographing will be permitted in the courtroom and adjacent areas during sessions of the court, including recesses between sessions, under the following conditions:

(a) Permission first shall have been granted expressly by the judge, who may prescribe such conditions of coverage as provided for in these rules.

(b) Expanded media coverage of a proceeding shall be permitted, unless the judge concludes, for reasons stated on the record, that under the circumstances of the particular proceeding such coverage would materially interfere with the rights of the parties to a fair trial.

(c) Expanded media coverage of a witness also may be refused by the judge upon objection and showing of good cause by the witness. In prosecutions for sexual abuse there shall be no expanded media coverage of the testimony of a victim/witness unless such witness consents. Further, an objection to coverage by a victim/witness in any other forcible felony prosecution and by police informants, undercover agents and relocated witnesses, shall enjoy a rebuttable presumption of validity. The presumption is rebutted by a showing that expanded media coverage will not have a substantial effect upon the particular individual objecting to such coverage which would be qualitatively different from the effect on members of the public in general and that such effect will not be qualitatively different from coverage by other types of media.

(d) Expanded media coverage is prohibited of any court proceeding which under Iowa law, is required to be held in private. In any event, no coverage shall be permitted in any juvenile, dissolution, adoption, child custody or trade secret cases unless consent on the record is obtained from all parties (including a parent or guardian of a minor child).

(e) Expanded media coverage of jury selection is prohibited. Expanded media coverage of the return of the jury’s verdict shall be permitted. In all other circumstances, however, expanded media coverage of jurors is prohibited except to the extent it is unavoidable in the coverage of other trial participants or courtroom proceedings. The policy of these rules is to prevent unnecessary or prolonged photographic or video coverage of individual jurors.

(f) There shall be no audio pickup or broadcast of conferences in a court proceeding between attorneys and their clients, between co-counsel, between counsel and the presiding judge held at the bench or in chambers or between judges in an appellate proceeding.

(g) The quantity and types of equipment permitted in the courtroom shall be subject to the discretion of the judge within the guidelines set out in the accompanying rules.

(h) Notwithstanding the provisions of any of these procedural or technical rules, the presiding judge, upon application of the media coordinator, may permit the use of equipment or techniques at variance therewith provided the application for variance is included in the advance notice of coverage provided for in Rule 3(b). Objections, if any, shall be made as provided by Rule 3(c). Ruling upon such a variance application shall be in the sole discretion of the presiding judge. Such variance may be allowed by the presiding judge without advance application or notice of all counsel and parties consent to it.

(j) The judge, may, as to any or all media participants, limit or terminate photographic or electronic media coverage at any time during the proceedings in the event the judge finds (1) that rules established under this Canon, or additional rules imposed by the presiding judge, have been violated, or (2) that substantial rights of individual participants or rights to a fair trial will be prejudiced by such manner of coverage if it is allowed to continue.

(j) The rights of photographic and electronic coverage provided for herein may be exercised only by persons or organizations which are part of the news media.

(k) A judge may authorize expanded media coverage of investitive or ceremonial proceedings at variance with these procedural and technical rules as the judge sees fit

3. Procedural

(a) Media coordinator and coordinating councils. Media coordinators shall be appointed by the supreme court from a list of nominees provided by a representative of the media designated by the supreme court The judge and all interested members of the media shall work, whenever possible, with and through the appropriate media co-ordinator regarding all arrangements for expanded media coverage. The supreme court shall designate the jurisdiction of each media coordinator. In the event a media co-ordinator has not been nominated or is not available for a particular proceeding, the judge may deny expanded media coverage or may appoint an individual from among local working representatives of the media to serve as the coordinator for the proceeding.

(b) Advance notice of coverage. All requests by representatives of the news media to use photographic equipment- television cameras or electronic sound recording equipment in the courtroom shall be made to the media coordinator. The media co-ordinator, in turn shall inform counsel for all parties and the presiding judge at least fourteen days in advance of the time the proceeding is scheduled to begin, but these times may be extended or reduced by court order. When the proceeding is not scheduled at least fourteen days in advance, however, the media co-ordinator or media coordinating council shall give notice of the request as soon as practicable after the proceeding is scheduled. Notice shall be in writing, filed in the appropriate clerk's office. A copy of the notice shall be sent by ordinary mail to the last known address of all counsel of record parties appearing without counsel the appropriate court administrator and the judge expected to preside at the proceeding for which expanded media coverage is being requested.

(c) Objections. A party to a proceeding objecting to expanded media coverage under Rule 2(b) shall file a written objection stating the grounds therefore, at least three days before commencement of the proceeding. All witnesses shall be advised by counsel proposing to introduce their testimony of their right to object to expanded media coverage, and all objections by witnesses under Rule 2(c) shall be filed prior to commencement of the proceeding. All objections shall be heard and determined by the judge prior to the commencement of the proceedings. The judge may rule on the basis of the written objection alone. In addition, the objecting party or witness, and all other parties, may be afforded an opportunity to present additional evidence by affidavit or by such other means as the judge directs. The judge in his absolute discretion may permit presentation of such evidence by the media co-ordinator in the same manner. Time for filing of objections may be extended or reduced in the discretion of the judge, who also, in appropriate circumstances, may extend the right of objection to persons not specifically provided for in these rules.

4. Technical

(a) Equipment specifications. Equipment to be used by the media in courtrooms during Judicial proceedings must be unobtrusive and must not produce distracting sound. In addition, such equipment must satisfy the following criteria, where applicable:

(1) Still cameras. Still cameras and lenses must be unobtrusive, without distracting light or sound.

(2) Television cameras and related equipment. Television cameras are to be electronic and, together with any related equipment to be located in the courtroom, must be unobtrusive in both size and appearance, without distracting sound or light. Television cameras are to be designed or modified so that participants in the judicial proceedings being covered are unable to determine when recording is occurring.

(3) Audio equipment. Microphones, wiring and audio recording equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the Judicial proceeding being covered. Any changes in existing audio systems must be approved by the presiding judge. No modifications of existing systems shall be made at public expense. Microphones for use of counsel and judges shall be equipped with off/on switches to facilitate compliance with Rule 2(f).

(4) Advance approval. It shall be the duty of media personnel to demonstrate to the presiding Judge reasonably in advance of the proceeding that the equipment sought to be utilized meets the criteria set forth in this section. Failure to obtain advance judicial approval for equipment may preclude its use in the proceeding. All media equipment and personnel shall be in place at least fifteen minutes prior to the scheduled time of commencement of the proceeding.

(b) Lighting. Other than light sources already existing in the courtroom, no flashbulbs or other artificial light device of any kind shall be employed in the courtroom. With the concurrence of the presiding judge, however, modifications maybe made in light sources existing in the courtroom (e.g., higher wattage lightbulbs), provided Such modifications are installed and maintained without public expense.

(c) Equipment and pooling. The following limitations on the amount of equipment and number of photographic and broadcast media personnel in the courtroom shall apply:

(1) Still photography. Not more than two still photographers, each using not more than two camera bodies and two tenses, shall be permitted in the courtroom during a judicial proceeding at any one time.

(2) Television. Not more than two television cameras, each operated by not more than one camera person, shall be permitted in the courtroom during a Judicial proceeding. Where possible, recording and broadcasting equipment which is not a component part of a television camera shall be located outside of the courtroom.

(3) Audio. Not more than one audio system shall be set up in the courtroom for broadcast coverage of a judicial proceeding. Audio pickup for broadcast coverage shall be accomplished from any existing audio system present in the courtroom, if such pickup would be technically suitable for broadcast. Where possible, electronic audio recording equipment and any operating personnel shall be located outside of the courtroom.

(4) Pooling. Where the above limitations on equipment and personnel make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media coordinator, and the presiding judge shall not be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular judicial proceeding.

(d) Location of equipment and personnel. Equipment and operating personnel shall be located in, and coverage of the proceedings shall take place from an area or areas within the courtroom designated by the presiding judge. The area or areas designated shall provide reasonable access to the proceeding to be covered.

(e) Movement during proceedings. Television cameras and audio equipment maybe installed in or removed from the courtroom only when the court is not in session. In addition such equipment shall at all times be operated from a fixed position Still photographers and broadcast media personnel shall not move about the courtroom while proceedings are in session, nor shall they engage in any movement which attracts undue attention. Still photographers shall not assume body positions inappropriate for spectators.

(f) Decorum. All still photographers and broadcast media personnel shall be properly attired and shall maintain proper courtroom decorum at all times while covering a judicial proceeding.

III. MARYLAND RULES OF COURT ADMINISTRATION, RULE 1209: PHOTOGRAPHING, RECORDING, BROADCASTING OR TELEVISING IN COURTHOUSES

A. Definitions

1. "Extended coverage" means any recording or broadcasting of proceedings by the use of television radio, photographic, or recording equipment by:

(i) the news media, or

(ii) by persons engaged in the preparation of educational films or recordings with the written approval of the presiding judge.

2. "Local administrative Judge" means the county administrative judge in the Circuit Court and the district administrative Judge in the District Court.

3. “Party” means a named litigant of record who has appeared in the proceeding.

4. "Proceeding" means any trial, hearing, motion, argument on appeal or other matter held in open court which the public is entitled to attend.

5. "Presiding judge" means a trial judge designated to preside over a proceeding which is, or is intended to be the subject of extended coverage. Where action of a presiding judge is required by this rule, and no trial judge has been designated to preside over the proceeding, presiding judge means the local administrative judge. Presiding judge in an appellate court means the Chief Judge of that Court, or the senior- judge of a panel of which the Chief Judge is not a member.

B. General Provisions

1. Extended coverage of proceedings in the trial and appellate courts of this State is permitted unless prohibited or limited in accordance with this rule.

2. Outside a courtroom but within a courthouse or other facility extended coverage is prohibited of persons present for a judicial or grand jury proceeding, or where extended coverage is so close to a Judicial or grand jury proceeding that it is likely to interfere with the proceeding or its dignity and decorum.

3. Possession of cameras and recordings or transmitting equipment is prohibited in all courtrooms and adjacent hallways except when required for extended coverage permitted by this rule or for media coverage not prohibited by this rule.

4. Nothing in this rule is intended to restrict in any way the present rights of the media to report proceedings.

5. Extended coverage shall be conducted so as not to interfere with the right of any person to a fair and impartial trial and so as not to interfere with the dignity and decorum which must attend the proceedings.

6. No proceeding shall be delayed or continued to allow for extended coverage, nor shall the requirements of extended coverage in any way affect legitimate motions for continuance or challenges to the judge.

7. This rule does not apply to:

(i) The use of electronic or photographic equipment approved by the court for the perpetuation of a court record;

(ii) Investiture or ceremonial proceedings, provided, however, that the local administrative judge of a trial court and the Chief Judge of an appellate court shall have complete discretion to regulate the presence and the use of cameras, recorders, and broadcasting equipment at the proceedings.

C. Request for Extended Coverage

1. All requests for extended coverage shall be made in writing to the clerk of the court at which the proceeding is to be held at least five days before the proceeding is scheduled to begin and shall specifically identify the proceeding to be covered. For good cause a court may honor a request which does not comply with the requirements of this subsection The clerk shall promptly give notice of a request to all parties to the proceeding.

2. Where proceedings are continued other than for normal or routine recesses, weekends, or holidays, it is the responsibility of the media to make a separate request for later extended coverage.

D. Consent to Extended Coverage

1. Extended coverage shall not be permitted in any proceeding in a trial court unless all parties to the proceeding have filed their written consent in the record, except that consent need not be obtained from a party which is a federal state, or local government, or an agency or subdivision thereof or an individual sued or suing in his official governmental capacity.

2. Consent once given may not be withdrawn but any party may at any time move for termination or limitation of extended coverage in accordance with this rule.

3. Consent of the parties is not required for extended coverage in appellate courts, but any party may at any time move for termination or limitation of extended coverage in accordance with this rule.

E. Restrictions on Extended Coverage

1. Extended coverage of the testimony of a witness who is a victim in a criminal case shall be terminated or limited in accordance with the request or objection of the witness.

2. Extended coverage of all or any portion of a proceeding may be prohibited, terminated or limited on the presiding judge's own motion or on the request of a party, witness, or juror in the proceedings, where the judge finds a reasonable probability of unfairness, danger to a person undue embarrassment, or hinderance of proper law enforcement would result if such action were not taken. In cases involving police informants, undercover agents, relocated witnesses, and minors, and in evidentiary suppression hearings, divorce and custody proceedings, and cases involving trade secrets, a presumption of validity attends the request. This list of requests which enjoy the presumption is not exclusive and the judge may in the exercise of his discretion find cause in comparable situations. Within the guidelines set forth in this subsection the judge is granted broad discretion in determining whether there is cause for termination, prohibition or limitation.

3. Extended coverage is not permitted of any proceeding which is by law closed to the public, or which may be closed to the public and has been closed by the judge.

4. Extended coverage in the judicial area of a courthouse or other facility is limited to proceedings in the courtroom in the presence of the presiding judge.

5. There shall be no audio coverage of private conferences, bench conferences and conferences at counsel tables.

F. Standards of Conduct and Technology

1. Not more than one portable television camera (film camera - 16 mm sound on film (self-blimped) or video tape electronic camera), operated by not more than one camera person shall be permitted in any trial court proceeding. Not more than two television cameras, operated by not more than one camera person each shall be permitted in any appellate court proceeding.

2. Not more than one still photographer, utilizing not more than two still cameras with not more than two lenses for each camera and related equipment approved by the presiding judge shall be permitted in any proceeding in a trial or appellate court.

3. Not more than one audio system for broadcast purposes shall be permitted in any proceeding in a trial or appellate court. Audio pickup shall be accomplished from existing audio systems, except that if no technically suitable audio system exists unobtrusive microphones and related wiring shall be located in places designated in advance by the presiding judge. Microphones located at the judge's bench and at counsel tables shall be equipped with temporary cutoff switches. A directional microphone may be mounted on the television or film camera, but no parabolic or similar microphones shall be used.

4. Any “pooling” arrangements among the media required by these limitations on equipment and personnel shall be the sole responsibility of the media without calling upon the presiding judge to mediate any dispute as to the appropriate media representative or equipment authorised to cover a particular proceeding. In the absence of advance media agreement on disputed equipment or personnel issues, the presiding judge shall exclude all contesting media personnel from extended coverage.

5. Only television movie, and audio equipment which does not produce light or distracting sound shall be employed. Specifically, such photographic and audio equipment shall produce no greater sound than the equipment designated in Schedule A annexed hereto, when the same is in good working order. No artificial lighting device of any kind shall be employed in connection with the television and movie cameras.

6. Only still camera equipment which does not produce distracting sound shall be employed to cover judicial proceedings. Specifically, such still camera equipment shall produce no greater sound than a 35mm Leica "M" series Range finder camera with manual film advance. No artificial lighting device of any kind shall be employed in connection with a still camera.

7. It shall be the affirmative duty of media personnel to demonstrate to the presiding judge adequately in advance of any proceeding that the equipment sought to be utilized meets the sound and light criteria enunciated herein. A failure to obtain advance judicial approval for equipment shall preclude its use in any proceedings.

8. Television or movie camera equipment shall be positioned outside the rail of the courtroom or if there is no rail, the area reserved for spectators, at a location approved in advance by the presiding judge. Wherever possible, recording and broadcasting equipment which is not a component part of a television camera shall be located outside the courtroom in an area approved in advance b the presiding judge.

9. A still camera photographer shall be positioned outside the rail of the courtroom or if there is no rail in the area reserved for spectators, at a location approved in advance by the presiding judge. The still camera photographer shall not photograph from any other place, and shall not engage in any movement or assume any body position which would be likely to call attention to himself, or be distracting. Unless positioned in or beyond the last row of spectators' seats, or in an aisle to the outside of the spectators seating area, the still photographer shall remain seated while photographing.

10. Broadcast media representatives shall not move about the courtroom while proceedings are in sessions, and microphones and recording equipment once positioned shall not be moved during the pendency of the proceeding.

11. Photographic or audio equipment shall not be placed in or removed from the courtroom except prior to commencement or after adjournment of proceedings each day, or during a recess. Neither film magazines nor still camera film or lenses shall be changed within a courtroom except during a recess in the proceeding.

12. With the concurrence of the local administrative judge, and before the commencement of a proceeding or during a recess, modifications and additions may be made in light sources existing in the courtroom provided such modifications or additions are installed and maintained without public expense.