SJC APPROVES NEW RULE GOVERNING MEDIA, ELECTRONIC ACCESS TO COURTS
The justices of the Supreme Judicial Court announced on March 2
the approval of SJC Rule 1:19 governing "Electronic Access to the
Courts." The Court order amends the former Rule 1:19 governing
cameras in the courts and replaces it with the new rule, effective
July 1, 2012.
After the new rule has been in operation for a year, the Court
will review it to determine whether further revisions are
needed.
The new Rule 1:19 is designed to recognize the changes in
technology and journalism since the original rule was promulgated
and to maintain the necessary order and decorum in the
Massachusetts courts. Among the major changes are the
following:
- News media are defined as those who are regularly engaged in
the reporting and publishing of news or information about matters
of public interest. This would include citizen journalists who meet
this standard.
- News media are allowed to use laptop computers and other
electronic communication devices inside courtrooms if they are not
disruptive to the proceedings.
- Those seeking to cover the courts using the permitted
technology are required to register with the public information
officer of the Supreme Judicial Court, confirm that they meet the
definition of news media, and agree to follow the provisions in
Rule 1:19. A judge has the discretion to permit electronic access
by a person who had not registered.
- In addition to one video and one still camera, a second
mechanically silent video camera is allowed for use by media other
than broadcast television and still photographers.
- Motions to suppress may be electronically recorded.
- If news media ask to record multiple cases in a session on the
same day, a judge may reasonably restrict the number of cases that
are recorded to prevent undue administrative burdens on the
court.
- The rule applies to clerk magistrates conducting public
proceedings.
- As in the original rule, covert photography, recording or
transmission is prohibited; a judge retains the right to limit or
suspend electronic coverage if it would create a harmful
consequence; and the media are required to make arrangements for
sharing of video and still photographs. The new rule provides that
minors and sexual assault victims may not be photographed without
the consent of the judge. It continues the current restrictions on
recording or photographing voir dire hearings concerning
jurors or prospective jurors, side-bar conferences, conferences
between counsel and client, and frontal or close-up photography of
jurors and prospective jurors.
The new rule was drafted by a committee of judges, clerks, court
administrators, attorneys and media representatives who were asked
to study the current rule and to recommend changes. The Supreme
Judicial Court Judiciary-Media Committee approved the
recommendations and forwarded them to the SJC Rules
Committee.
The proposed rule was sent out for public comment and comments
were received through March 2011. The Judiciary-Media Committee and
Rule 1:19 subcommittee were asked to consider the comments and make
further changes, if warranted. The committee completed its work
last fall and made final recommendation to the SJC Rules
Committee.
The justices said they greatly appreciated the dedicated work of
the SJC Judiciary-Media Committee and the Rule 1:19 subcommittee.
The subcommittee co-chairs were retired Leominster District Court
First Justice John Curran and Neil Ungerleider, WCVB-TV manager of
digital and multi-media in Boston. SJC Justice Robert J. Cordy is
co-chair with Ungerleider of the Judiciary-Media Committee. It is
anticipated that educational training and materials on the new rule
will be provided to judges, court employees and the media in the
coming months.