Opinion
Delivered July 5, 1993
The Arkansas Code of Judicial Conduct published by this Court in 1988 is being replaced by separate per curiam order of this date. The former Code contained provisions regulating broadcasting, photographing, and recording court proceedings. The Code as published this date contains no such provisions. We, therefore, promulgate the following as Administrative Order Number 6. which shall be effective this date.
ADMINISTRATIVE ORDER NO. 6
BROADCASTING, RECORDING, OR PHOTOGRAPHING IN THE COURTROOM
(a). APPLICATION — EXCEPTION. This Order shall apply to all courts, circuit, chancery, probate, municipal, and appellate, but it shall not apply to the juvenile division of chancery court as set out below.
(b). AUTHORIZATION. A judge may authorize broadcasting, recording, or photographing in the courtroom and areas immediately adjacent thereto during sessions of court, recesses between sessions, and on other occasions, provided that the participants will not be distracted, nor will the dignity of the proceedings be impaired.
(c). EXCEPTIONS. The following exceptions shall apply:
(1) An objection timely made by a party or an attorney shall preclude broadcasting, recording, or photographing of the proceedings;
(2) The court shall inform witnesses of their right to refuse to be broadcast, recorded, or photographed, and an objection timely made by a witness shall preclude broadcasting, recording or photographing of that witness;
(3) All matters in the juvenile division of the chancery court as well as chancery and probate court hearings in domestic relations matters, e.g., adoptions, guardianships, divorce, custody, support, and paternity shall not be subject to broadcasting, recording, or photographing;
(4) In camera proceedings shall not be broadcast, recorded, or photographed except with consent of the court;
(5) Jurors, minors without parental or guardian consent, victims in cases involving sexual offenses, and undercover police agents or informants shall not be broadcast, recorded, or photographed.
(d). PROCEDURE. The broadcasting, recording, or photographing of any court proceeding shall comply with the following rules:
(1) The court shall direct that the news media representatives enter into a pooling arrangement for the broadcasting, recording, or photographing of a trial. Any representative of a news medium wanting to broadcast, record, or photograph court proceedings shall present to the court a written statement agreeing to share with other media representatives. The media pool shall select one of its members to serve as pool coordinator. The media pool shall establish its own procedures, not inconsistent with these rules or with the wishes of the court, and the pool coordinator shall arbitrate any problems that arise. If a problem arises that requires the assistance of the court, the pool coordinator alone shall be responsible for coordinating with the court. A plan for the placement of the broadcast equipment shall be prepared and filed by the pool coordinator, subject to the final approval of the court.
(2) The court shall retain ultimate control of the application of these rules over the broadcasting, recording, or photographing of a trial. Decisions made as to the details are final and are not subject to appeal. The court may in its discretion terminate the broadcasting, recording, or photographing at any time. Such a decision should not be made in an effort to edit the proceedings but only as one necessary in the interest of justice.
(3) The media pool may have two cameras in the courtroom during the course of a trial. One camera shall be used for still photography, and one camera shall be used for television photography. Both cameras shall remain in stationary positions outside the bar of the courtroom. Videotape recording and other electronic equipment not a component part of the cameras shall be located in an area remote from the courtroom to be designated by the court.
(4) One additional audio system for radio broadcasting shall be permitted provided that all microphones and related essential wiring will be unobtrusive and located in places designated in advance by the basic courtroom plan. The pool coordinator shall permit the installation of a pickup distribution box to be located outside the courtroom area to allow additional agencies access to the audio feed.
(5) Only television or photographic equipment that does not require distracting sound or light shall be employed to cover court proceedings. No artificial lighting device shall be employed in connection with television cameras. Any court approved alterations in existing lighting or wiring shall be accomplished by and at the expense of the media pool.
(6) Camera and audio equipment shall be installed or removed only when the court is not in session. Film changes shall not be made while court is in session. No audio equipment shall be used to record conversations between attorneys and clients or conversations between attorneys and the court held outside the hearing of the jury.
(e) CONTEMPT. Failure to abide by any provision of this Order can result in a citation for contempt against the news representative and his or her agency.