August 16, 2023
To kick off our Trending Topics Tech Series, NCSC has started with one of its frequently asked tech questions: How much camera access do courts give post-pandemic? Generally, hearings are public in state courts with exceptions for children and other confidential matters. If there is enough space in the courtroom, most citizens can watch the court proceedings. Complications arise about whether to extend access to anyone in their living room or anywhere they have a device and internet connection. Debated in earnest since the O.J. Simpson trial 25 years ago, courts and legislatures have attempted to balance the right to have a public trial with the potential damage that excessive coverage could have to a case. Citizens have access to most civil or criminal cases, but not everyone is able to go to a courtroom. High-profile cases are certainly easier to follow when using a personal device or watching on television.
As of November 2022, most trial courts allow cameras in their proceedings with a judge’s prior approval. Most times, parties, witnesses, or others can object to the request depending on the state’s laws and court rules. There are usually blanket prohibitions on recording case types such as family and juvenile cases.
States are expanding the discretion of judges to allow cameras in the courts. In 2023 the Indiana Supreme Court reversed a rule that banned news media cameras from most courtroom proceedings. Soon “members of the news media will be able to record, photograph or otherwise broadcast criminal trials, civil hearings, and most other non-confidential court sessions reporters find interesting—assuming the presiding judge allows it.” The factors that a judge will have to consider regarding such a request are privacy concerns, public interest in a case, and the disruption that cameras could cause in the proceedings.
The Minnesota Supreme Court also loosened the rules that limited audio and visual coverage of cases in their courtrooms this year. The new rules will give more discretion to judges to allow cameras or other recording devices in their courtrooms. Previously it required the consent of both parties in the case with rare exceptions. The judge must weigh in if the coverage could create intimidation or harm to individuals.
Idaho in 2023 modified its rules governing the use of cameras in the courtrooms to update and standardize the processes for the requests and remove the distinction between organizations that produce still photography and organizations that produce video.
Is your court expanding the use of cameras? Share your experiences with us. For more information, contact Knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, Twitter, and LinkedIn.