* § 218. Audio-visual coverage of judicial proceedings. 1.
Authorization. Notwithstanding the provisions of section fifty-two of
the civil rights law and subject to the provisions of this section, the
chief judge of the state or his designee may authorize an experimental
program in which presiding trial judges, in their discretion, may permit
audio-visual coverage of civil and criminal court proceedings, including
trials.

2. Definitions. For purposes of this section:

(a) "Administrative judge" shall mean the administrative judge of each
judicial district; the administrative judge of Nassau county or of
Suffolk county; the administrative judge of the civil court of the city
of New York or of the criminal court of the city of New York; or the
presiding judge of the court of claims.

(b) "Audio-visual coverage" shall mean the electronic broadcasting or
other transmission to the public of radio or television signals from the
courtroom, the recording of sound or light in the courtroom for later
transmission or reproduction, or the taking of still or motion pictures
in the courtroom by the news media.

(c) "News media" shall mean any news reporting or news gathering
agency and any employee or agent associated with such agency, including
television, radio, radio and television networks, news services,
newspapers, magazines, trade papers, in-house publications, professional
journals or any other news reporting or news gathering agency, the
function of which is to inform the public, or some segment thereof.

(d) "Presiding trial judge" shall mean the justice or judge presiding
over proceedings at which audio-visual coverage is authorized pursuant
to this section.

(e) "Covert or undercover capacity" shall mean law enforcement
activity involving criminal investigation by peace or police officers
who usually and customarily wear no uniform, badge, or other official
identification in public view.

(f) "Arraignment" shall have the same meaning as such term is defined
in subdivision nine of section 1.20 of the criminal procedure law.

(g) "Suppression hearing" shall mean a hearing on a motion made
pursuant to the provisions of section 710.20 of the criminal procedure
law; a hearing on a motion to determine the admissibility of any prior
criminal, vicious or immoral acts of a defendant and any other hearing
held to determine the admissibility of evidence.

(h) "Nonparty witness" shall mean any witness in a criminal trial
proceeding who is not a party to such proceeding; except an expert or
professional witness, a peace or police officer who acted in the course
of his or her duties and was not acting in a covert or undercover
capacity in connection with the instant court proceeding, or any
government official acting in an official capacity, shall not be deemed
to be a "nonparty witness".

(i) "Visually obscured" shall mean that the face of a participant in a
criminal trial proceeding shall either not be shown or shall be rendered
visually unrecognizable to the viewer of such proceeding by means of
special editing by the news media.

3. Requests for coverage of proceedings; administrative review.

(a) Prior to the commencement of the proceedings, any news media
interested in providing audio-visual coverage of court proceedings shall
file a request with the presiding trial judge, if assigned, or if no
assignment has been made, to the judge responsible for making such
assignment. Requests for audio-visual coverage shall be made in writing
and not less than seven days before the commencement of the judicial
proceeding, and shall refer to the individual proceeding with sufficient
identification to assist the presiding trial judge in considering the
request. Where circumstances are such that an applicant cannot
reasonably apply seven or more days before the commencement of the
proceeding, the presiding trial judge may shorten the time period for
requests.

(b) Permission for news media coverage shall be at the discretion of
the presiding trial judge. An order granting or denying a request for
audio-visual coverage of a proceeding shall be in writing and shall be
included in the record of such proceeding. 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 nineteen of this chapter.
Such order for initial access shall be subject only to review by the
appropriate administrative judge; there shall be no further judicial
review of such order or determination during the pendency of such
proceeding before such trial judge. No order allowing audio-visual
coverage of a proceeding shall be sealed.

(c) Subject to the provisions of subdivision seven of this section,
upon a request for audio-visual coverage of court proceedings, the
presiding trial judge shall, at a minimum, take into account the
following factors: (i) the type of case involved; (ii) whether such
coverage would cause harm to any participant in the case or otherwise
interfere with the fair administration of justice, the advancement of a
fair trial or the rights of the parties; (iii) whether any order
directing the exclusion of witnesses from the courtroom prior to their
testimony could be rendered substantially ineffective by allowing
audio-visual coverage that could be viewed by such witnesses to the
detriment of any party; (iv) whether such coverage would interfere with
any law enforcement activity; or (v) involve lewd or scandalous matters.

(d) A request for audio-visual coverage made after the commencement of
a trial proceeding in which a jury is sitting shall not be granted
unless, (i) counsel for all parties to the proceeding consent to such
coverage, or (ii) the request is for coverage of the verdict and/or
sentencing in such proceeding.

4. Supervision of audio-visual coverage; mandatory pretrial
conference; judicial discretion.

(a) Audio-visual coverage of a court proceeding shall be subject to
the supervision of the presiding trial judge. In supervising
audio-visual coverage of court proceedings, in particular any which
involve lewd or scandalous matters, a presiding trial judge shall, where
necessary for the protection of any participant or to preserve the
welfare of a minor, prohibit all or any part of the audio-visual
coverage of such participant, minor or exhibit.

(b) A pretrial conference shall be held in each case in which
audio-visual coverage of a proceeding has been approved. At such
conference the presiding trial judge shall review, with counsel and the
news media who will participate in the audio-visual coverage, the
restrictions to be imposed. Counsel shall convey to the court any
concerns of prospective witnesses with respect to audio-visual coverage.

(c) There shall be no limitation on the exercise of discretion under
this subdivision except as provided by law. The presiding trial judge
may at any time modify or reverse any prior order or determination.

5. Consent. (a) Audio-visual coverage of judicial proceedings, except
for arraignments and suppression hearings, shall not be limited by the
objection of counsel, parties, or jurors, except for a finding by the
presiding trial judge of good or legal cause.

(b) Audio-visual coverage of arraignments and suppression hearings
shall be permitted only with the consent of all parties to the
proceeding; provided, however, where a party is not yet represented by
counsel consent may not be given unless the party has been advised of
his or her right to the aid of counsel pursuant to subdivision four of
section 170.10 or 180.10 of the criminal procedure law and the party has
affirmatively elected to proceed without counsel at such proceeding.

(c) Counsel to each party in a criminal trial proceeding shall advise
each nonparty witness that he or she has the right to request that his
or her image be visually obscured during said witness' testimony, and
upon such request the presiding trial judge shall order the news media
to visually obscure the visual image of the witness in any and all
audio-visual coverage of the judicial proceeding.

6. Restrictions relating to equipment and personnel; sound and light
criteria. Where audio-visual coverage of court proceedings is authorized
pursuant to this section, the following restrictions shall be observed:

(a) Equipment and personnel:

(i) No more than two electronic or motion picture cameras and two
camera operators shall be permitted in any proceeding.

(ii) No more than one photographer to operate two still cameras with
not more than two lenses for each camera shall be permitted in any
proceeding.

(iii) No more than one audio system for broadcast purposes shall be
permitted in any proceeding. Audio pickup for all media purposes shall
be effectuated through existing audio systems in the court facility. If
no technically suitable audio system is available, microphones and
related wiring essential for media purposes shall be supplied by those
persons providing audio-visual coverage. Any microphones and sound
wiring shall be unobtrusive and located in places designated by the
presiding trial judge.

(iv) Notwithstanding the provisions of subparagraphs (i), (ii) and
(iii) of this paragraph, the presiding trial judge may modify his
original order to increase or decrease the amount of equipment that will
be permitted into a courtroom on a finding of special circumstances so
long as it will not impair the dignity of the court or the judicial
process.

(v) Notwithstanding the provisions of subparagraphs (i), (ii) and
(iii) of this paragraph, the equipment authorized therein shall not be
admitted into a court proceeding unless all persons interested in
providing audio-visual coverage of such proceedings shall have entered
into pooling arrangements for their respective groups. Furthermore, a
pool operator for the electronic and motion picture media and a pool
operator for the still photography media shall be selected, and
procedures for cost sharing and dissemination of audio-visual material
established. The court shall not be called upon to mediate or resolve
any dispute as to such arrangements. In making pooling arrangements,
consideration shall be given to educational users' needs for full
coverage of entire proceedings.

(b) Sound and light criteria:

(i) Only electronic and motion picture cameras, audio equipment and
still camera equipment which do not produce distracting sound or light
shall be employed to cover judicial proceedings. The chief administrator
of the courts shall promulgate a list of acceptable equipment models.

(ii) No motorized drives shall be permitted, and no moving lights,
flash attachments, or sudden lighting changes shall be permitted during
judicial proceedings.

(iii) No light or signal visible or audible to trial participants
shall be used on any equipment during audio-visual coverage to indicate
whether it is operating.

(iv) It shall be the affirmative duty of any person desiring to use
equipment other than that authorized by the chief administrator to
demonstrate to the presiding trial judge, adequately in advance of any
proceeding, that the equipment sought to be utilized meets acceptable
sound and light criteria. A failure to obtain advance judicial approval
for equipment shall preclude its use in any proceeding.

(v) With the concurrence of the presiding trial judge modifications
and additions may be made to light sources existing in the facility,
provided such modification or additions are installed and maintained at
the expense of the news media who are providing audio-visual coverage
and provided they are not distracting or otherwise offensive.

(c) Location of equipment and personnel. Cameras, equipment and
personnel shall be positioned in locations designated by the presiding
trial judge.

(i) All audio-visual coverage operators shall assume their assigned,
fixed position within the designated area and once established in such
position, shall act in a manner so as not to call attention to their
activities.

(ii) The areas so designated shall provide reasonable access to
coverage with the least possible interference with court proceedings.
Equipment that is not necessary for audio-visual coverage from inside
the courtroom shall be located in an area outside the courtroom.

(d) Movement of equipment during proceedings. Equipment shall not be
placed in, moved about or removed from the courtroom, and related
personnel shall not move about the courtroom, except prior to
commencement or after adjournment of proceedings each day, or during a
recess. Camera film and lenses shall be changed only during a recess in
proceedings.

7. Restrictions on audio-visual coverage. Notwithstanding the initial
approval of a request for audio-visual coverage of any court proceeding,
the presiding trial judge shall have discretion throughout the
proceeding to revoke such approval or limit such coverage, and may where
appropriate exercise such discretion to limit, restrict or prohibit
audio or video broadcast or photography of any part of the proceeding in
the courtroom, or of the name or features of any participant therein. In
any case, audio-visual coverage shall be limited as follows:

(a) no audio pickup or audio broadcast of conferences which occur in a
court facility between attorneys and their clients, between co-counsel
of a client, or between counsel and the presiding trial judge, shall be
permitted without the prior express consent of all participants in the
conference;

(b) no conference in chambers shall be subject to audio-visual
coverage;

(c) no audio-visual coverage of the selection of the prospective jury
during voir dire shall be permitted;

(d) no audio-visual coverage of the jury, or of any juror or alternate
juror, while in the jury box, in the courtroom, in the jury deliberation
room during recess, or while going to or from the deliberation room at
any time shall be permitted; provided, however, that, upon consent of
the foreperson of a jury, the presiding trial judge may, in his or her
discretion, permit audio coverage of such foreperson delivering a
verdict;

(e) no audio-visual coverage shall be permitted of a witness, who as a
peace or police officer acted in a covert or undercover capacity in
connection with the instant court proceeding, without the prior written
consent of such witness;

(f) no audio-visual coverage shall be permitted of a witness, who as a
peace or police officer is currently engaged in a covert or undercover
capacity, without the prior written consent of such witness;

(g) no audio-visual coverage shall be permitted of the victim in a
prosecution for rape, criminal sexual act, sexual abuse or other sex
offense under article one hundred thirty or section 255.25 of the penal
law; notwithstanding the initial approval of a request for audio-visual
coverage of such a proceeding, the presiding trial judge shall have
discretion throughout the proceeding to limit any coverage which would
identify the victim, except that said victim can request of the
presiding trial judge that audio-visual coverage be permitted of his or
her testimony, or in the alternative the victim can request that
coverage of his or her testimony be permitted but that his or her image
shall be visually obscured by the news media, and the presiding trial
judge in his or her discretion shall grant the request of the victim for
the coverage specified;

(h) no audio-visual coverage of any arraignment or suppression hearing
shall be permitted without the prior consent of all parties to the
proceeding; provided, however, where a party is not yet represented by
counsel consent may not be given unless the party has been advised of
his or her right to the aid of counsel pursuant to subdivision four of
section 170.10 or 180.10 of the criminal procedure law and the party has
affirmatively elected to proceed without counsel at such proceeding;

(i) no judicial proceeding shall be scheduled, delayed, reenacted or
continued at the request of, or for the convenience of the news media;

(j) no audio-visual coverage of any participant shall be permitted if
the presiding trial judge finds that such coverage is liable to endanger
the safety of any person;

(k) no audio-visual coverage of any judicial proceedings which are by
law closed to the public, or which may be closed to the public and which
have been closed by the presiding trial judge shall be permitted; and

(l) no audio-visual coverage shall be permitted which focuses on or
features a family member of a victim or a party in the trial of a
criminal case, except while such family member is testifying.
Audio-visual coverage operators shall make all reasonable efforts to
determine the identity of such persons, so that such coverage shall not
occur.

8. Violations. Any violation of an order or determination issued under
this section shall be punishable as a contempt pursuant to article
nineteen of this chapter.

9. Review committee. (a) There shall be created a committee to review
audio-visual coverage of court proceedings. The committee shall consist
of twelve members, three to be appointed by the governor, three to be
appointed by the chief judge of the courts, two to be appointed by the
majority leader of the senate, two to be appointed by the speaker of the
assembly, one to be appointed by the minority leader of the senate and
one to be appointed by minority leader of the assembly. The chair of the
committee shall be appointed by the chief judge of the courts. At least
one member of the committee and no more than two members of the
committee shall be a representative of the broadcast media, be employed
by the broadcast media, or receive compensation from the broadcast
media. At least two members of the committee shall be members of the
bar, engaged in the practice of law, and regularly conduct trials and/or
appellate arguments; and at least one member of the committee shall by
professional training and expertise be qualified to evaluate and analyze
research methodology relevant to analyzing the impact and effect of
audio-visual coverage of judicial proceedings. No one who has served on
an earlier committee established by law to review audio-visual coverage
of judicial proceedings in New York state may be appointed to such
committee. No member or employee of the executive, legislative, or
judicial branches of the state government may be appointed to such
committee.

(b) The members of the committee shall serve without compensation for
their services as members of the committee, except that each of the
nonpublic members of the committee may be allowed the necessary and
actual travel, meals and lodging expenses which he or she shall incur in
the performance of his or her duties under this section. Any expenses
incurred pursuant to this section shall be a charge against the office
of court administration.

(c) The committee shall have the power, duty and responsibility to
evaluate, analyze, and monitor the provisions of this section. The
office of court administration and all participants in proceedings where
audio-visual coverage was permitted, including judges, attorneys and
jurors, shall cooperate with the committee in connection with the review
of the impact of audio-visual coverage on such proceedings. The
committee shall request participation and assistance from the New York
state bar association and other bar associations. The committee shall
issue a report to the legislature, the governor, and the chief judge
evaluating the efficacy of the program and whether any public benefits
accrue from the program, any abuses that occurred during the program,
and the extent to which and in what way the conduct of participants in
court proceedings changes when audio-visual coverage is present. The
committee shall expressly and specifically analyze and evaluate the
degree of compliance by trial judges and the media with the provisions
of this section and the effect of audio-visual coverage on the conduct
of trial judges both inside and outside the courtroom. Such report shall
be submitted to the legislature, the governor and the chief judge by
January thirty-first, nineteen hundred ninety-seven.

10. Rules and regulations. The chief administrator shall promulgate
appropriate rules and regulations for the implementation of the
provisions of this section after affording all interested persons,
agencies and institutions an opportunity to review and comment thereon.
Such rules and regulations shall include provisions to ensure that
audio-visual coverage of trial proceedings shall not interfere with the
decorum and dignity of courtrooms and court facilities.

11. Duration. The provisions of this section shall be of no force and
effect after June thirtieth, nineteen hundred ninety-seven.

* NB Expired June 30, 1997