Rule 2.17 17: Prohibiting Broadcasting of Proceedings

Comment

[1] Under paragraph (3) of this Rule, the judge has discretion to approve or deny a request for broadcast of a court proceeding. If the judge allows broadcast, the judge has discretion to interrupt or stop the coverage if he or she deems the interruption or stoppage appropriate. The judge also has discretion to limit or terminate broadcast by a news media organization at any time during the proceeding.

[2] News media is defined as persons employed by or representing a newspaper, periodical, press association, radio station, television station, or wire service and covered by Ind. Code § 34-46-4-1. Representatives of news media organizations may be required to wear identification. The judge has discretion to determine who is admitted as news media and under what conditions. Members of the general public are prohibited from broadcasting, recording, or photographing court proceedings.

[3] All civil and criminal proceedings are eligible for broadcast by the news media, except for proceedings closed to the public, either by state statute or Indiana Supreme Court rules. No broadcast of a court proceeding is allowed without authorization from the judge. All authorized broadcast coverage of a court proceeding must comply with the Indiana Rules of Professional Conduct and the Indiana Code of Judicial Conduct. The judge must prohibit media broadcast of minors; juvenile delinquency and CHINS matters; victims of violent offenses, sex offenses, and domestic abuse; jurors; attorney-client communications; bench conferences; and materials on counsel tables and judicial bench. The judge has discretion to deny broadcast coverage of a witness for safety concerns.

[4] A judge may require news media to submit requests to broadcast a trial court proceeding in advance of the court proceeding. The judge has discretion to modify the notice period. The judge will provide a copy of the request to the counsel of record and parties appearing without counsel. The judge must post notice in the courtroom that news media personnel may be present for broadcast of court proceedings, and filming, photographing, and recording is limited to the authorized news media personnel.