Rule 5.1 - ELECTRONIC AND PHOTOGRAPHIC COVERAGE OF COURT PROCEEDINGS(c)Definitions. As used in these Rules 5.1, 5.2, and 5.3, unless the context otherwise requires: (1) "Administrative judge" means any judge selected to perform administrative duties in a circuit or district court with more than 1 judicial officer.(2) "Attorney" means the attorney of record appearing for a party. A party may have only 1 attorney of record authorized to act on behalf of that party in the proceeding at any one time but may designate a different attorney or change attorneys at any time as permitted by law. (3) "Audiovisual equipment" means any device with photographic, video, and/or audio recording capabilities. (4) "Bar" means a member of the Hawai'i State Bar Association who is licensed and in good standing.(5) "Coordinator" means the person designated by each administrative judge to receive requests for extended coverage of proceedings within their respective circuit or district. (6) "Educational institution" means any public or private school of lower or higher education, the Hawai'i Institute for Continuing Legal Education, the Hawai'i State Bar Association Committee for Legal Education for Youth, any division of the Hawai'i State Judiciary, or any nonprofit organization or corporation whose proposal for extended coverage is approved by the presiding judge.(7) "Extended coverage" means any recording, broadcasting, or publishing of images of a proceeding or words spoken during a proceeding through the use of television, radio, photographic, or recording equipment, including a mobile device, by the media or on behalf of educational institutions.(8) "Good cause" means that, under the circumstances of the particular proceeding, or any portion thereof, extended coverage would materially interfere with the rights to a fair trial. (9) "Judge" means the justice, judge, or judicial officer presiding over the proceedings in which extended coverage is or is requested to be taking place. In courts with more than 1 "judge" presiding over the proceedings, any decision required to be made by the "judge" shall be made by a majority of the judges. (10) "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this State or by any public servant authorized by law to impanel a jury, and also includes any person who has been drawn or summoned to attend as a prospective juror. (11) "Media" means any news gathering or reporting agencies and the individual persons involved, including newspapers, radio, television stations or networks, internet-based organizations, news services, magazines, trade papers, in-house publications, professional journals, or other news reporting or news gathering agencies whose function it is to inform the public or some segment thereof. (12) "Mobile device" means any handheld electronic, wireless, portable, personal computer. May include tablets, smartphones, personal digital assistants (PDAs), e-readers, and portable music players, smartwatches, or other similarly functioning devices with "smart capabilities" such as an operating system, the ability to run software applications, and ability to connect to the internet, phone, text, instant messaging, and/or e-mail capabilities, photo, video, and/or audio recording capabilities.(13) "Party" means a named litigant of record who has appeared in the case. (14) "Pooling arrangements" means for media to coordinate the sharing of audio, video, and/or photographic assets amongst themselves after extended coverage has been granted by the court for a specific case. (15)"Presumption" means a rebuttable assumption of fact made from another fact or group of facts found or otherwise established in an evidentiary proceeding. (16) "Proceeding" or "Proceedings" means any trial, hearing, motion, hearing on an order to show cause or petition, appellate argument, return of indictments from grand juries, or any other matter held in open court which the public is entitled to attend. (17) "Professional-grade audiovisual equipment" means any device with photographic, video, and/or audio recording capabilities used in the production of professional-quality media products. (18) "Trial participants" means parties, attorneys, witnesses, court personnel, and the judge or judges present during the conduct of proceedings. (d)General provisions and exclusions.(1) Nothing in this Rule is intended to limit or restrict the power of the judge to control the conduct of the proceedings. (2) Nothing in this Rule is intended to restrict in any way the right of the media to report on proceedings.(3) Nothing in this Rule affects the authority to permit extended coverage of investitive, ceremonial, or naturalization proceedings. (4) Nothing in this Rule is intended to alter any rules of professional or judicial conduct or canons of ethics of attorneys or judges. (5) If extended coverage is permitted under this Rule, such shall be impartially given to all media representatives. (e)Request for extended coverage. (1) All requests for extended coverage shall be made by the media or educational institution to the coordinator with reasonable advance notice of the commencement of the extended coverage. "Reasonable notice" as used herein shall mean the period of time required for all parties to be notified in advance, shall consider the realities of court scheduling, and shall be the minimum time required to accomplish such notification. (2) Requests for extended coverage shall be made in writing on a form provided by the Judiciary and shall refer to the individual case with sufficient identification to assist the coordinator in providing the required notice. Such requests may be filed with the coordinator in person, by mail, electronic mail, or by facsimile transmission. Requests for extended coverage shall relate to an entire case. Once a request is approved for extended coverage for any case, that approval shall apply through the final judgment and any post-judgment motions and appeals. (3) Upon receipt of the written request, the coordinator shall expeditiously notify, in person, by telephone, or through the Judiciary Information Management System, counsel for all parties or the parties themselves if self-represented and the presiding judge (or if the presiding judge has not yet been determined, the appropriate administrative judge). (4) Only 1 written request shall be necessary for any given case. Once application is made, all media are considered to have applied, i.e., if a television station makes an application, newspaper coverage is included and vice versa. (5) When more than 1 media representative requests extended coverage, the media collectively shall designate 1 representative to work with the coordinator. (f)Process for deciding extended coverage. (1) Prior consent of a judge shall not be required for extended coverage of any appellate proceeding, but prior notice of extended coverage shall be provided to the appellate court. Extended coverage of all other proceedings shall not be permitted without the prior determination of the judge. (2) The judge shall promptly dispose, orally and on the record, of each request for extended coverage or by written order if requested by any party and, if coverage is denied, shall make written findings of fact and conclusions of law. (3) A judge shall grant requests for extended coverage of a proceeding unless, by a preponderance of the evidence, good cause is found to prohibit such coverage. In situations where the judge has found good cause to prohibit extended coverage, the judge may permit extended coverage of only a portion or portions of the proceeding. (4) A party may object to extended coverage at the beginning of any new stage of the case. If a party objects or if the court orders on its own motion, there shall be a hearing to determine whether extended coverage shall be allowed for that stage of the case. If no party objects, no hearing shall be necessary. At such hearing representatives from media organizations or educational institutions shall have standing to be heard and may present evidence. Any objection by a party (or a self-represented party) to extended coverage must be made before extended coverage begins for that stage of the case. (5) A presumption of good cause shall exist in the following circumstances: (i) the proceeding is for the purpose of determining the admissibility of evidence; or (ii) testimony regarding trade secrets is being received; or (iii) testimony of child witnesses is being received; or (iv) testimony of a complaining witness in a prosecution for any sexual offense under Part V of the Hawai'i Penal Code is being received; or (v) a witness would be put in substantial jeopardy of serious bodily injury; or (vi) testimony of undercover law enforcement agents who are involved in other ongoing undercover investigations is being received.(6) At any time during the proceedings for which extended coverage has been granted, a judge acting on the judge's own initiative or on the objection of a witness may, upon establishing that good cause exists following a hearing, terminate or limit extended coverage. (7) All objections to extended coverage shall be noted on the record of the proceedings and in the minutes of the court.(8) The media or educational institution or any party may obtain review of an order regarding extended coverage by filing a motion for review addressed to the appropriate administrative judge, who shall have full power to vacate and modify the order. A motion for review shall be filed no later than 5 days after the filing of the order regarding coverage. In disposing of the motion for review the administrative judge shall comply with subdivision (f)(2) of this Rule. The record of the proceeding before the administrative judge shall be made part of the record of the underlying proceeding for which coverage is sought. Where a request for extended coverage is initially referred to an administrative judge and ruled upon, there shall be no further review. (9) A party may seek appellate review of an order regarding extended coverage, including any such order issued by the administrative judge, pursuant to the procedures available for review of other interlocutory orders, but immediate appellate review of such an order shall not be available as a matter of right. (g)Restrictions on extended coverage. (1) There shall be no extended coverage of any proceedings which are by law closed to the public, or which may be closed to the public and have been closed by the judge. Examples of proceedings closed to the public include, but are not limited to, grand jury proceedings, juvenile cases, child abuse and neglect cases, paternity cases, and adoption cases.(2) There shall be no extended coverage of a juror or a prospective juror.(3) There shall be no extended coverage of conferences between attorneys and clients, or between co-counsel and clients or parties, or between counsel and the judge held at the bench.(4) There shall be no extended coverage of any conference or proceedings held in the chambers of a judge or any in camera proceeding.(h) Procedure for extended coverage. (1) Extended coverage shall be conducted in compliance with the guidelines in Rule 5.2 so as not to be distracting and not to interfere with the solemnity, decorum, and dignity which must attend the making of decisions that affect the life, liberty, or property of citizens. (2) If a judge finds that the provisions of this rule or the guidelines in Rule 5.2 of these Rules have been violated by those seeking extended coverage or the continuation thereof, a judge may exercise discretion to limit or terminate extended coverage as to the offending extended coverage personnel or equipment. (3) If pooling arrangements are necessary for compliance with this Rule or with guidelines for extended coverage contained in Rule 5.2 of these Rules, pooling arrangements shall be instituted and shall be the sole responsibility of the media and shall not require the judge, coordinator, or other court personnel to mediate disputes. Added August 29, 1983, effective 1/1/1984; renumbered September 1984; amended effective 12/9/1985; amended effective 1/2/1987; amended effective 12/7/1987; amended effective 5/10/1988; amended effective 9/28/1990; further amended April 26, 1994, effective 4/26/1994; further amended effective 6/10/1997; further amended November 25, 2008, effective 1/1/2009; further amended July 29, 2013, effective 1/1/2014; effective date of 7/29/2013 order stayed until 7/1/2014 by order entered 12/10/2013; effective date of 12/10/2013 order stayed continued to 12/31/2014 by order entered 6/17/2014; further amended December 22, 2014, effective 1/1/2015 to 12/31/2015; amended April 9, 2018, effective 7/1/2018; amended October 2, 2018, effective 1/1/2019; amended May 15, 2020, effective 7/1/2020; amended May 7, 2021, effective 7/1/2021.