[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 352 Reported in Senate (RS)]
Calendar No. 618
110th CONGRESS
2d Session
S. 352
To provide for media coverage of Federal court proceedings.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2007
Mr. Grassley (for himself, Mr. Schumer, Mr. Leahy, Mr. Specter, Mr.
Graham, Mr. Feingold, Mr. Cornyn, Mr. Durbin, Mr. Craig, and Mr.
Allard) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
March 13, 2008
Reported by Mr. Leahy, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To provide for media coverage of Federal court proceedings.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the .``Sunshine in the Courtroom Act of
<DELETED>2007</DELETED> 2008''
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than 1 judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the witness' testimony.
<DELETED> (iii) Exception.--The presiding
judge shall not permit any action under this
subparagraph, if that judge determines the
action would constitute a violation of the due
process rights of any party.</DELETED>
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph--
(I) if that judge determines the
action would constitute a violation of
the due process rights of any party;
and
(II) until the Judicial Conference
of the United States promulgates
mandatory guidelines under paragraph
(5).
<DELETED> (B) No televising of jurors.--The
presiding judge shall not permit the televising of any
juror in a trial proceeding.</DELETED>
(B) No media coverage of jurors.--The presiding
judge shall not permit the photographing, electronic
recording, broadcasting, or televising of any juror in
a trial proceeding, or of the jury selection process.
(C) Discretion of the judge.--The presiding judge
shall have the discretion to obscure the face and voice
of an individual, if good cause is shown that the
photographing, electronic recording, broadcasting, or
televising of the individual would threaten--
(i) the safety of the individual;
(ii) the security of the court;
(iii) the integrity of future or ongoing
law enforcement operations; or
(iv) the interest of justice.
(D) Sunset of district court authority.--The
authority under this paragraph shall terminate 3 years
after the date of the enactment of this Act.
(3) Interlocutory appeals barred.--The decision of the
presiding judge under this subsection of whether or not to
permit, deny, or terminate the photographing, electronic
recording, broadcasting, or televising of a court proceeding
may not be challenged through an interlocutory appeal.
<DELETED>(3)</DELETED>(4) Advisory guidelines.--The
Judicial Conference of the United States may promulgate
advisory guidelines to which a presiding judge, at the
discretion of that judge, may refer in making decisions with
respect to the management and administration of photographing,
recording, broadcasting, or televising described under
paragraphs (1) and (2).
<DELETED> (4) Sunset of district court authority.--The
authority under paragraph (2) shall terminate 3 years after the
date of the enactment of this Act.</DELETED>
(5) Mandatory guidelines.--Not later than 6 months after
the date of enactment of this Act, the Judicial Conference of
the United States shall promulgate mandatory guidelines which a
presiding judge is required to follow for obscuring of certain
vulnerable witnesses, including crime victims, minor victims,
families of victims, cooperating witnesses, undercover law
enforcement officers or agents, witnesses subject to section
3521 of title 18, United States Code, relating to witness
relocation and protection, or minors under the age of 18 years.
The guidelines shall include procedures for determining, at the
earliest practicable time in any investigation or case, which
witnesses should be considered vulnerable under this section.
(6) Procedures.--In the interests of justice and fairness,
the presiding judge of the court in which media use is desired
has discretion to promulgate rules and disciplinary measures
for the courtroom use of any form of media or media equipment
and the acquisition or distribution of any of the images or
sounds obtained in the courtroom. The presiding judge shall
also have discretion to require written acknowledgment of the
rules by anyone individually or on behalf of any entity before
being allowed to acquire any images or sounds from the
courtroom.
(7) No broadcast of conferences between attorneys and
clients.--There shall be no audio pickup or broadcast of
conferences which occur in a court proceeding between attorneys
and their clients, between co-counsel of a client, between
adverse counsel, or between counsel and the presiding judge, if
the conferences are not part of the official record of the
proceedings.
(8) Expenses.--A court may require that any accommodations
to effectuate this Act be made without public expense.
(9) Inherent authority.--Nothing in this Act shall limit
the inherent authority of a court to protect witnesses or clear
the courtroom to preserve the decorum and integrity of the
legal process or protect the safety of an individual.
Calendar No. 618
110th CONGRESS
2d Session
S. 352
_______________________________________________________________________
A BILL
To provide for media coverage of Federal court proceedings.
_______________________________________________________________________
March 13, 2008
Reported with amendments