N.Y. Comp. Codes R. & Regs. tit. 22 § 131.5

Current through Register Vol. 46, No. 19, May 8, 2024

Section 131.5 - Mandatory pretrial conference

(a) Where a presiding trial judge has approved, in whole or in part, an application for coverage of any judicial proceeding, the judge, before any such coverage is to begin, shall conduct a pretrial conference for the purpose of reviewing, with counsel to all parties to the proceeding and with representatives of the news media who will provide such coverage, any objections to coverage that have been raised, the scope of coverage to be permitted, the nature and extent of the technical equipment and personnel to be deployed, and the restrictions on coverage to be observed. The court may include in the conference any other person whom it deems appropriate, including prospective witnesses and their representatives.

(b) Where two or more representatives of the news media are parties to an approved application for coverage, no such coverage may begin until all such representatives have agreed upon a pooling arrangement for their respective news media prior to the pretrial conference. Such pooling arrangement shall include the designation of pool operators and replacement pool operators for the electronic and motion picture media and for the still photography media, as appropriate. It also shall include procedures for the cost-sharing and dissemination of audio-visual material and shall make due provision for educational users' needs for full coverage of entire proceedings. The presiding trial judge shall not be called upon to mediate or resolve any dispute as to such arrangement. Nothing herein shall prohibit a person or organization that was not party to an approved application for coverage from making appropriate arrangements with the pool operator to be given access to the audio-visual material produced by the pool.

(c) In determining the scope of coverage to be permitted, the presiding trial judge shall be guided by a consideration of all relevant factors, including those prescribed in subdivision (d) of section 131.3 of this Part. Wherever necessary or appropriate, the presiding trial judge shall, at any time before or during the proceeding, proscribe coverage or modify, expand, impose, or remove special limitations on coverage.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 131.5

Renumbered from 131.6 New York State Register February 3, 2016/Volume XXXVIII, Issue 05, eff.3/1/2016

Amended and Renumbered from 131.6 New York State Register February 24, 2016/Volume XXXVIII, Issue 08, eff. 3/1/2016