Ill. R. Cir. Ct. McHenry Cnty. 1.15.5

As amended through September 23, 2024

Rule 1.15.5 - Extended Media Coverage

A.INTERPRETATION

This Local Rule shall be construed to supplement and not to conflict with the Illinois Supreme Court "Policy on Extended Media Coverage in the Circuit Courts of Illinois," and with the Local Rules of the Twenty-Second Judicial Circuit, including Local Rule 1.15 "Photography, Radio, Television, Audio Recording Devices and Cellular Telephones." All Media Coordinators and Extended Media Coverage participants shall be deemed to have knowledge of the provisions of the Supreme Court Policy, of these Local Rules, and of the general rules which govern the Michael J. Sullivan Judicial Center. By the submission of a request for and participation in Extended Media Coverage, the Media Coordinator and all agents of News Media covering a proceeding acknowledge and agree to abide by all applicable provisions of these rules. The Trial Judge or the Chief Judge may limit or terminate Extended Media Coverage on the finding of any violations of these provisions.

B.AUTHORITY OF TRIAL JUDGE

Extended Media Coverage shall be subject, at all times, to the authority of the Trial Judge in the covered proceeding.

C.NO INTERFERENCE

Extended Media Coverage shall not be distracting or interfere with the solemnity, decorum or work of the Trial Court.

D.CONDUCT OF PROCEEDINGS

Nothing in this rule shall limit or restrict the power, authority or responsibility of the Chief Judge and the Trial Judge presiding over the case to:

1. Control the conduct of the proceedings;

2. Maintain decorum and prevent distractions;

3. Provide for the safety of the courtroom and all its participants;

4. Ensure the fair and impartial administration of justice in the pending case.

E.DEFINITIONS

1. "Extended Media Coverage" means any media electronic recording or broadcasting of proceedings by the use of television, radio, photographic, or recording equipment for the purpose of gathering and disseminating news to the public.

2. "News Media" in general means established and generally recognized news gathering and reporting agencies and their representatives whose function is to inform the public.

3. "Judge" or "Trial Judge" means the circuit or associate judge presiding in a trial court proceeding.

4. "Chief Judge" means the Chief Judge of the Twenty-Second Judicial Circuit.

5. "Judicial proceedings" or "proceedings" includes all public trials, hearings or other proceedings of a trial court when Extended Media Coverage is requested, except those specifically excluded by these provisions.

6. "Media Coordinator" means a member of the News Media who has requested Extended Media Coverage, or in the case of more than one media entity requesting Extended Media Coverage of a particular proceeding, a representative chosen by all of the media requesting Extended Media Coverage of that proceeding. A representative Media Coordinator shall be approved by the Chief Judge or the Trial Judge. The Media Coordinator shall report to and work with the Court Media Liaison, Chief Judge and the Trial Judge, or with their designees, in any court proceeding with Extended Media Coverage. In the event a Media Coordinator is not available for a particular proceeding, the Trial Judge may limit or deny Extended Media Coverage at that proceeding, or may appoint an individual from among local working representatives of the News Media to serve as a temporary Media Coordinator for the proceeding.

7. "Court Media Liaison" is the Court Administrator or a designee of the Court Administrator approved by the Chief Judge. The Court Media Liaison will recognize and authorize News Media and work with the Media Coordinator on all matters pertaining to Extended Media Coverage.

F.GENERAL

1. Broadcasting, video or audio recording, photographing, or otherwise electronically memorializing information at a court proceeding may be permitted by an approved order for Extended Media Coverage, under the following conditions:

a. Permission must first be granted by the Trial Judge, who shall balance the interests of justice and the rights of all participants to grant, deny or limit the Extended Media Coverage, and who may prescribe conditions of coverage. The Chief Judge shall also have the discretion to limit or deny any requests for Extended Media Coverage.

b. In prosecutions for sexual abuse, or when sexual abuse is an essential element of a proceeding, there shall be no Extended Media Coverage of the testimony of a victim unless the testifying victim consents. Further, an objection to coverage by a testifying victim in any other forcible felony prosecution and by police informants, undercover agents(s), and relocated witnesses shall be presumed valid. The Trial Judge shall exercise broad discretion in deciding whether there is cause for the prohibition of coverage of witness testimony.

2. The Trial Judge may appoint a Guardian ad Litem to secure the protection of the interests of a minor or a disabled adult.

3. Extended Media Coverage is prohibited in any court proceeding required by law to be conducted in private. Additionally, no Extended Media Coverage shall be allowed in any matter involving juvenile, dissolution, adoption, child custody, visitation, family law, criminal or civil pretrial hearings regarding suppression or admission of evidence, specialty criminal courts, or trade secret issues.

4. Extended Media Coverage, or any recordings, questioning or pictures of jury selection, or of the actual or potential trial jurors or any grand jurors, is prohibited until such time as the jurors are no longer subject to service in any pending proceeding, and they consent to their questioning, recording or pictures.

5. There shall be no audio, visual or internet broadcast, recording, or overhearing of any conference in a court proceeding or in a court facility between attorneys and their clients, between co-counsel, between attorneys and opposing counsel, or among attorneys and the Trial Judge.

6. Audio, internet or visual equipment authorized by these provisions shall not be operated during a recess in a court proceeding or when the court is not in session.

7. The quantity and type of equipment permitted in the courtroom shall be subject to these rules and the discretion of the Trial Judge. The Chief Judge or the Trial Judge may order the News Media to install temporary courtroom alterations including, but not limited to, a screen or divider to conceal the jury from the view of the recording equipment. Any expenses for such alterations shall be borne by the News Media.

8. Upon application of the Media Coordinator, the Trial Judge or the Chief Judge may permit the use of equipment or techniques at variance with provisions in this policy, provided the variance request is included in the Request for Extended Media Coverage. Ruling upon a variance application shall be at the sole discretion of the Trial Judge or the Chief Judge. A variance may be allowed by the Trial Judge without advance application or notice if all counsel and parties consent to its terms.

9. The Trial Judge may limit, amend or terminate Extended Media Coverage at any time during the proceedings in the event the Trial Judge finds that any rules provisions have been violated, or that substantial rights of individual participants or rights to a fair trial would be prejudiced, or that the safety of the courtroom or of court participants would require such action.

10. Extended Media Coverage is only allowed during proceedings taking place inside the courtroom, in the presence of the judge, when the court is in session.

11. The rights of Extended Media Coverage may be exercised only by members of the News Media, as recognized by the Court Media Liaison.

12. A decision by the Chief Judge or the Trial Judge to deny, limit, modify or terminate Extended Media Coverage is not appealable.

13. Film, videotape, photography and audio reproductions obtained by and through Extended Media Coverage shall not affect the official court record of the proceedings for purposes of appeal or otherwise, nor shall the same be admissible as evidence in the proceeding out of which it arose or in any proceeding subsequent or collateral thereto. However, full, readable copies of any video or audio recordings or photographs taken during Extended Media Coverage, whether published or not, shall be submitted by the Media Coordinator to the Court Media Liaison as soon as practicable after the conclusion of each court session covered.

14. The Chief Judge or the Trial Judge may waive provisions of this and other Local Rules regarding media for court-related ceremonial proceedings.

G.PROCEDURES

1. Requests for Extended Media Coverage. Requests by News Media for Extended Media Coverage shall be filed with the Clerk of the Circuit Court. The filing must occur at least 14 days before the proceeding for which Extended Media Coverage is sought unless extended or reduced by a court order. When the proceeding is not scheduled at least 14 days in advance, the filing must occur as soon as practicable after the proceeding is scheduled. Requests shall be filed using the form "News Media Request for Extended Media Coverage."

2. Notice of Request. The form "Notice Of News Media Request for Extended Media Coverage " must also be filed together with the Request specified above, and indicate the specific participants who will be served with a copy of the Request. The Media Coordinator or person filing the "Request" shall serve a copy of the Request(s) for Extended Media Coverage to the following courtroom participants:

a. All Attorneys of Record in the case sought to be covered;

b. Any parties who have filed appearances or are representing themselves;

c. Court Media Liaison;

d. The Chief Judge of the Twenty-Second Judicial Circuit and the Trial Judge presiding over the case for which Extended Media Coverage is sought. Copies of the above-mentioned Request shall be sent or served in a manner consistent with Supreme Court Rules to the above participants no later than 4:00 p.m. the first business day following the filing of the Request and Notice forms. Failure to provide such notice may result in denial of the request for Extended Media Coverage.

3. Notice to Witnesses. Participating parties shall promptly notify any witness they are intending to call at trial or hearing of the witness's right to object to Extended Media Coverage by serving upon such witnesses the "Request" form filed by the News Media and a written statement indicating the witness has a right to object. Parties shall file proof of service of such notice, pursuant to Supreme Court Rules, with the Clerk of the Court.

4. Objections. Any party or witness objecting to Extended Media Coverage may file with the Clerk of the Circuit Court a written Objection stating the reasons; therefore, at least three (3) court days before the commencement of the proceeding sought to be covered unless such time is otherwise extended or reduced by the judge. Objections shall be filed using the forms "Objection of a Party to Extended Media Coverage " or "Objection of a Witness to Extended Media Coverage." A copy of the Objection shall be served on the Media Coordinator and all courtroom participants listed above, in a manner specified below. The right of witnesses to object, and the time for filing of objections, may be extended or reduced at the discretion of the Trial Judge.

5. Notice of Objections

a. Parties and witnesses represented by counsel shall give notice of any Objections made by them, in a manner consistent with Supreme Court Rules, to the persons listed as courtroom participants in (G)(2) above, and on the Media Coordinator or News Media making the "Request," no later than 4:00 PM on the first business day following the filing of the objection.

b. The Clerk of the Circuit Court may place an appropriate notice of a witness's rights to object to the Extended Media Coverage upon any court-issued Subpoenas or Summonses used in cases in which a request for Extended Media Coverage has been made. Notice of such rights may also be placed on the Circuit Clerk's website. The Clerk of the Circuit Court shall provide a copy of any Objection filed by parties or witnesses not represented by counsel to the courtroom participants listed in paragraph (G)(2) above. In such a case, the Court Media Liaison shall then forward a copy of any Objection filed by parties or witnesses without counsel to the Media Coordinator or News Media representative making the "Request."

6. Disposition of Requests and Objections.

a. After the time for Objections has elapsed, the Trial Judge shall make a determination as to whether any Request should be granted and whether any Objection thereto should be sustained, and, if so, to what extent. All timely "Requests" and "Objections" shall be heard and determined by the Trial Judge prior to the commencement of the proceedings sought to be covered.

b. The Trial Judge may rule on the "Request" or "Objection" without further evidence, or may, in the sole discretion of the Trial Judge, allow additional evidence by affidavit or by other means as the judge directs.

c. The duration of any permitted Extended Media Request is within the court's discretion. Every party added or additional witness disclosed after such an order is granted must receive a notice and have an opportunity to file an objection in the manner set forth herein.

H.TECHNICAL ASPECTS FOR ELECTRONIC EQUIPMENT

1. Equipment Specifications. Equipment to be used in courtrooms during judicial proceedings must be unobtrusive and must not produce distracting sound, light or other sensory distraction. In addition, equipment must satisfy the following criteria, where applicable:

a. Still Cameras. Still cameras and lenses must be unobtrusive without distracting light or sound.

b. Television or Video Devices and Related Equipment. Television cameras or other video devices together with any related equipment to be located in the courtroom must be unobtrusive in both size and appearance, without distracting sound or light.

c. Audio Equipment. Microphones, wiring and audio recording equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the covered judicial proceedings. Any changes in existing audio systems must be approved by the Trial Judge.

d. Visual or Audio Signals. No light or signal which is visible or audible to participants in the proceeding shall be used on any equipment during extended coverage to indicate whether it is operating.

e. Advance Approval. It shall be the duty of the media personnel to demonstrate to the Court Media Liaison or Trial Judge reasonably in advance of the proceeding that the equipment sought to be used meets the criteria set forth in this section. Failure to obtain advance approval for equipment may preclude its use in the proceeding. All media equipment and personnel shall be in place at least fifteen minutes prior to the scheduled time of commencement of the proceeding.

f. Expense. The cost of any equipment, extra equipment or partitions set up under these guidelines shall be paid by the News Media.

g. Lighting. Other than light sources already existing in the courtroom, no flashbulbs or other artificial light devices of any kind shall be employed in the courtroom. With the approval of the Court Media Liaison or the Trial Judge, however, modifications may be made in light sources existing in the courtroom, provided modifications are installed and maintained without public expense.

2. Equipment Limitations and Pooling. The following limitations shall apply to the number of photographic and broadcast media personnel and equipment in the courtroom:

a. Still Photography. Not more than two (2) still photographers, each using not more than two (2) camera bodies and two (2) lenses, shall be permitted in the courtroom during a judicial proceeding.

b. Television. No more than one (1) television camera, operated by not more than one camera person, shall be permitted in the courtroom during a proceeding. Other than the television and still cameras, any recording or broadcast equipment shall be located outside of the courtroom.

c. Audio. Only one audio system and one operator for any recording shall be permitted in a proceeding. Where possible, audio for all media shall be from any existing audio system present in the courtroom. However, if no technically suitable audio system exists, microphones, wiring and recording equipment may be furnished and temporarily installed and removed by the News Media at their own expense. The News Media audio or visual systems shall not interfere with the sound quality of any existing courtroom audio system or with the ability of the Official Court Reporter to make a record. Any News Media audio system shall have a means of immediately disabling the system (a/k/a "kill switch") available to the Trial Judge and shall be located in places designated in advance by the Trial Judge or the Court Media Liaison. When possible, electronic audio recording equipment and any operating personnel shall be located out of the courtroom. Sufficient video and audiotape capacities should be provided to obviate the need to make changes except during court recess.

d. Pooling. The media are encouraged to pool equipment and personnel. Where the limitations on equipment and personnel under these provisions make it necessary; the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the Media Coordinator. Priority consideration shall be extended to television cameras to televise an entire proceeding from beginning to end. In the absence of agreement or in the event of unresolved disputes relating to pooling arrangements, Extended Media Coverage may be limited or prohibited by the Trial Judge.

e. Clothing and Equipment. No equipment or clothing of any Extended Media Coverage personnel shall bear any advertisements, insignia or identification of the individual medium or network involved in extended coverage.

3. Location of Equipment and Personnel. Equipment and operating personnel shall be located in, and coverage of the proceedings shall take place from, an area or areas designated by the Trial Judge or the Court Media Liaison. The area or areas designated shall provide reasonable access to the proceeding to be covered and may be limited to the back row of the courtroom gallery. No equipment or personnel involved in Extended Media Coverage shall impede pedestrian traffic movement into or from the courtroom or courthouse, including but not limited to courthouse corridors and courtroom entrances and exits.

a. Television, video, and still photography. Camera equipment should be set up in the area reserved for spectators, preferably in the back row of spectator seats. The Court Media Liaison will direct media to their assigned spots.

b. Unobstructed View. Equipment and operators shall not impede the view of other persons seated in the public area of the courtroom.

4. Movement During the Proceedings. Television cameras and audio equipment may only be installed before proceedings begin and removed from the courtroom only when the court is not in session. In addition, such equipment shall at all times be operated from a fixed position. Changing film or lenses is only allowed during recesses. Still photographers and broadcast media personnel shall not move about the courtroom while proceedings are in session, nor shall they engage in any movement attracting undue attention. Still photographers shall not assume body positions inappropriate for the courtroom. If handheld still or video cameras are used, the operator must remain in his or her assigned position.

5. Equipment Storage. Any electrical equipment shall not be stored at the Michael J. Sullivan Judicial Center overnight, over a holiday, or over a weekend. Electrical equipment, including wiring, is the sole responsibility of the News Media. The Twenty-Second Judicial Circuit assumes no liability for the protection of such property.

I.OTHER PROVISIONS

1. Restrictions and prohibitions. The following restrictions and prohibitions shall also be applicable to all proceedings.

a. Audio or visual equipment authorized by this rule shall not be operated during a recess in a court proceeding.

b. Photographing of materials on counsel tables, to the extent they may be read or monitored in any way, is prohibited.

c. Use of parabolic or other highly sensitive long-range microphones is prohibited.

2. Expenses. No court facility may be altered unless approved in advance by the Chief Judge and the Trial Judge. All expenses for any necessary alterations shall be borne by the News Media.

3. Decorum. Proceedings in the courtroom shall not be disrupted. Members of the News Media in the courtroom shall:

a. Not talk in the courtroom during the court proceedings;

b. Not talk to or talk within the hearing of any actual or potential jury members at any time before the juror is dismissed from service;

c. Not conduct interviews in the courtroom;

d. Comply with the orders and directives of the Trial Judge and the Chief Judge, the Court Media Liaison, his or her designees, and all Court Security Officers; and

e. Be properly attired and maintain proper courtroom decorum at all times when covering a judicial proceeding. The Trial Judge maintains discretion to determine proper attire and decorum in the courtroom. At the conclusion of the proceedings covered, and after the Trial Judge leaves the courtroom, all News Media will leave the courtroom. They may re-assemble only in designated areas to meet with parties, families, attorneys or other court participants if those participants allow interviews or questions from the media.

4. Media Rules Inapplicable to Individuals; Advertising Use Prohibited. The privileges granted by this rule to photograph, televise and record court proceedings may be exercised only by persons or organizations that are part of established News Media as defined in section 1.15.5(E)(2) herein. Film, videotapes, photography and audio reproduction of any court proceedings shall not be used for any advertising purpose.

5. Access to The Michael J. Sullivan Judicial Center: Court security policies require all persons and equipment entering the courthouse to pass through screening. News Media will not be permitted to bypass screening and should allow sufficient time to get through the screening in advance of the commencement of proceedings.

6. Media Disputes It shall be the responsibility of the Media Coordinator, prior to coverage and without disrupting proceedings, to settle disputes among media representatives, facilitate pooling where necessary, and implement procedures which meet the approval of the Court Media Liaison and Trial Judge.

7. Non-Electronic Coverage: This Local Rule shall not preclude coverage of any judicial proceeding by News Media who are not seeking Extended Media Coverage.

8. Professional Conduct. Nothing herein shall alter the obligation of any attorney to comply with the provisions of the Illinois Rules of Professional Conduct governing trial publicity.

9. Jury Proceedings: Should Extended Media Coverage be permitted during jury proceedings; the Trial Judge shall give the jury Admonitions and Instructions specified in the Illinois Supreme Court Policy on "Extended Media Coverage in the Circuit Courts of Illinois."

Ill. R. Cir. Ct. McHenry Cnty. 1.15.5