Ga. Unif. Mun. Ct. R. 11.7

As amended through April 25, 2024

Rule 11.7 - Denial or Limitation of Recording

A properly submitted request for recording should generally be approved, but a judge may deny or limit the request as provided in Rule 11.7. A judge's decision on a request, or on an objection to a request, is reviewable as provided by law.

(a) Denial of recording: A judge may deny a request for recording only after making specific findings on the record that there is a substantial likelihood of harm arising from one or more of the following factors, that the harm outweighs the benefit of recording to the public, and that the judge has considered more narrow restrictions on recording than a complete denial of the request:

(1) The nature of the particular proceeding at issue;

(2) The consent or objection of the parties, witnesses, or alleged victims whose testimony will be presented in the proceedings;

(3) Whether the proposed recording will promote increased public access to the courts and openness of judicial proceedings;

(4) The impact upon the integrity and dignity of the court;

(5) The impact upon the administration of the court;

(6) The impact upon due process and the truth-finding function of the judicial proceeding;

(7) Whether the proposed recording would contribute to the enhancement of or detract from the ends of justice;

(8) Any special circumstances of the parties, witnesses, alleged victims, or other participants such as the need to protect children or factors involving the safety of participants in the judicial proceeding; and

(9) Any other factors affecting the administration of justice or which the court may determine to be important under the circumstances of the case.

(b) Limitation of recording: Upon his or her own motion or upon the request of a party, witness, or alleged victim, a judge may allow recording as requested or may, only after making specific findings on the record based on the factors in the preceding paragraph, impose the least restrictive possible limitations such as an order that no recording may be made of a particular criminal defendant, civil party, witness, alleged victim, law enforcement officer, or other person, or that such person's identity must be effectively obscured in any image or video recording, or that only an audio recording may be made of such person.

Ga. Unif. Mun. Ct. R. 11.7

Revised 8/30/2018.