N.Y. Comp. Codes R. & Regs. tit. 22 § 131.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 131.3 - Application for audio-visual coverage

(a) Coverage of judicial proceedings shall be permitted only upon order of the presiding trial judge approving an oral or written application made by a representative of the news media for permission to conduct such coverage.

(b) Upon receipt of an application, the presiding trial judge shall conduct such review as may be appropriate, including:

(1) consultation with the news media applicant;

(2) consultation with counsel to all parties to the proceeding of which coverage is sought, who shall be responsible for identifying any concerns or objections of the parties, prospective witnesses, and victims, if any, with respect to the proposed coverage, and advising the court thereof;

(3) review of all statements or affidavits presented to the presiding trial judge concerning the proposed coverage.

Where the proceedings of which coverage is sought involve a child, a victim, or a party, any of whom object to such coverage, and in any other appropriate instance, the presiding trial judge may hold such conferences and conduct any direct inquiry as may be fitting.

(c)

Except as otherwise provided by law or section 131.7 of this Part, consent of the parties or other participants in judicial proceedings of which coverage is sought is not required for approval of an application for such coverage.

(d) In determining an application for coverage, the presiding trial judge shall consider all relevant factors, including but not limited to:

(1) the type of case involved;

(2) whether the coverage would cause harm to any participant;

(3) whether the coverage would interfere with the fair administration of justice, the advancement of a fair trial, or the rights of the parties;

(4) whether the coverage would interfere with any law enforcement activity;

(5) whether the proceedings would involve lewd or scandalous matters;

(6) the objections of any of the parties, victims or other participants in the proceeding of which coverage is sought;

(7) the physical structure of the courtroom and the likelihood that any equipment required to conduct coverage of proceedings can be installed and operated without disturbance to those proceedings or any other proceedings in the courthouse; and

(8) the extent to which the coverage would be barred by law in the judicial proceeding of which coverage is sought.

The presiding trial judge also shall consider and give great weight to the fact that any party, victim, or other participant in the proceeding is a child.

(e) Following review of an application for coverage of a judicial proceeding, the presiding trial judge, as soon as practicable, shall issue an order, in writing or on the record in open court, approving such application, in whole or in part, or denying it. Such order shall contain any restrictions imposed by the judge on the audio-visual coverage and shall contain a statement advising the parties that any violation of the order is punishable by contempt pursuant to article 19 of the Judiciary Law. Such order shall be included in the record of such proceedings and, unless it wholly approves the application and no party or victim objected to coverage, it shall state the basis for its determination.

(f) Before denying an application for coverage, the presiding trial judge shall consider whether such coverage properly could be approved with the imposition of special limitations, including but not limited to:

(1) delayed broadcast of the proceedings subject to coverage provided, however, where delayed broadcast is directed, it shall be only for the purpose of assisting the news media to comply with the restrictions on coverage provided by law or by the presiding trial judge; or

(2) modification or prohibition of video or audio-visual coverage of portions of the proceedings.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 131.3

Amended New York State Register February 3, 2016/Volume XXXVIII, Issue 05, eff.3/1/2016

Amended by New York State Register February 24, 2016/Volume XXXVIII, Issue 08, eff. 3/1/2016