Rule 16-5 Other Persons or Organizations Desiring to Record

(a) Form of a Request. Any other person or organization, including a representative of the news media, desiring to record a Court proceeding shall make application to the Judge on a form available in the Clerk's office and on the Court's website.

(b) Submission of a Request. The person or organization shall submit the request to the Judge or to an officer of the Court designated to receive such requests under this rule. The request should address any logistical issues that are expected to arise.

(c) Time Limit for Submitting a Request. The person or organization shall submit the request as soon as practicable, but no later than 24 hours before the date of the proceeding, unless excused by the Judge.

(d) Notice and Hearing. The Court will notify the parties of its receipt of a request to record. Parties shall then notify their witnesses of such request. The Judge shall promptly hold a hearing if the Judge intends to deny the request or any portion of the request, or if a party or witness objects to the request. The hearing regarding a request to record shall be part of the official record of the proceeding.

(e) Time for a Party or Witness to Object to a Request to Record. A properly notified party or witness waives an objection to a request to record a proceeding if such party or witness does not object to the request in writing or on the record before or at the start of the proceeding.

(f) Denial or Limitation of Recording. A properly submitted request to record should generally be approved, but a Judge may deny or limit such request as provided in this section. A Judge's decision on a request to record, or on an objection to such request, is reviewable as provided by law.

(1) Denial of Recording. A Judge may deny a request to record only after making specific findings on the record that there is a substantial likelihood of harm arising from one or more of the following factors, that such harm outweighs the benefit of recording to the public, and that the Judge has considered more narrow restrictions on recording than a complete denial of the request:

(A) The nature of the particular proceeding at issue.

(B) The consent or objection of the parties or witnesses whose testimony will be presented in the proceedings.

(C) Whether the proposed recording will promote increased public access to the courts and openness of judicial proceedings.

(D) The impact upon the integrity and dignity of the Court.

(E) The impact upon the administration of the Court.

(F) The impact upon due process and the truth-finding function of the judicial proceeding.

(G) Whether the proposed recording would contribute to the enhancement of or detract from the ends of justice.

(H) Any special circumstances of the parties, witnesses, or other participants, such as factors involving the safety of participants in the judicial proceeding.

(I) Any other factors affecting the administration of justice or which the Court may determine to be important under the circumstances of the case.

(2) Limitation of Recording. Upon his or her own motion or upon the request of a party or witness, a Judge may allow recording as requested or may, only after making specific findings on the record based on the factors in subsection (f) (1) of this rule, impose the least restrictive possible limitations, such as an order: that no recording may be made of a particular party, witness, or other person; that such person's identity must be effectively obscured in any image or video recording; or that only an audio recording may be made of such person.

(g) Manner of Recording.

(1) The Judge should preserve the dignity of the proceeding by designating the placement of equipment and personnel for recording the proceeding. Unless excused by the Judge, cameras and other electronic devices used to record a judicial proceeding shall be assigned to a specific portion of the public area of the courtroom or specially designed access areas, and such equipment shall not be permitted to be removed or relocated during Court proceedings.

(2) All persons and affiliated individuals engaged in recording shall avoid conduct or appearance that may disrupt or detract from the dignity of the proceeding. All devices used to record a judicial proceeding shall be quiet running, and no person shall use any recording device in a manner that disrupts a proceeding.

(3) Overhead lights in the courtroom shall be switched on and off only by Court personnel. No other lights, flashbulbs, flashes, or sudden light changes may be used unless approved beforehand by the Judge.

(4) No adjustment of the Court's central audio system shall be made except by persons authorized by the Judge. Audio recordings of Court proceedings shall be from one source, normally by connection to the Court's central audio system. Upon prior approval of the Court, microphones may be added in an unobtrusive manner.

(h) Pooling of Recording Devices. The Judge may require pooling of recording devices if appropriate. The persons or organizations authorized to record have the responsibility to implement proper pooling procedures that meet the approval of the Judge.

(i) Prohibitions. The following uses of recording devices are prohibited:

(1) No Use of Recording Devices While the Judge is Outside the Courtroom. Except as provided in BCR 16-3 (c), a person may use a recording device in a courtroom only if the Judge is in the courtroom and use of a recording device shall terminate when the Judge leaves the courtroom.

(2) Recording of Jurors. Recording devices shall be placed to avoid recording images of jurors or prospective jurors in any manner. Audio recording of a juror's or prospective juror's statements or conversations is also prohibited, except that the jury foreperson's announcement of the verdict or questions to the Judge may be audio recorded.

(3) No Recording of Privileged or Confidential Communications. To preserve the attorney-client privilege and client confidentiality, as set forth in the Georgia Rules of Professional Conduct and statutory or decisional law, no person shall make a recording of any communication subject to the attorney-client privilege or client confidentiality.

(4) Interviews. No interview pertaining to a particular Court proceeding may be electronically recorded in the courtroom or vestibule except with the permission of the Judge.

(5) No Recording of Bench Conferences. No person other than the court reporter may record a bench conference unless prior express permission is granted by the Judge.

(j) Recording Not Official Court Record. No recording of a judicial proceeding made pursuant to this article may be used to modify or supplement the official Court record of that proceeding without express permission of the Judge pursuant to OCGA § 5-6-41 (f).

(k) Notes and Sketches. Nothing in this article prohibits making written notes and sketches pertaining to any judicial proceeding.

(l) Disciplinary Authorities. This article shall not apply to any disciplinary authority acting in the course of his or her official duties.

(m) Enforcement. A person who violates this article may be removed or excluded from the courtroom. A willful violation of this rule may be punishable as contempt of Court.