Ohio R. Superi. Ct. 12
Ohio. R. Superi. Ct. 12
Commentary (July 1, 1997)
Rule 12 is analogous to former C.P. Sup. R. 11 and M.C. Sup. R. 9. Division (A) was revised to include a reference to standards set forth in Ohio law, such as In re T.R. (1990), 52 Ohio St.3d 6, that govern public access to court proceedings. The 1997 amendments also eliminated the prohibition against changing film and videotape during court proceedings.
Rule 12(A) Presiding Judge.
The judge assigned to the trial or hearing shall permit the broadcasting or recording by electronic means and the taking of photographs in court proceedings open to the public, upon request, if the judge determines that to do so would not distract the participants, impair the dignity of the proceedings or otherwise materially interfere with the achievement of a fair trial. Both the request for permission and the ruling on the request must be in writing and made a part of the record of the proceedings.
The filming, videotaping, recording, or taking of photographs of victims or witnesses who object shall not be permitted.
After consultation with the media the judge specifies the locations within the courtroom where operators and equipment may be located. However, still photographers and television and radio representatives must be given a clear view of the proceedings under division (B)(7).
Rule 12(B) Permissible Equipment and Operators.
Not more than one portable television, videotape, or movie camera with one operator and not more than one still photographer with two cameras shall be allowed unless the judge presiding at the trial or hearing specifically permits additional cameras or operators. Each of the two still cameras permitted by the rule is limited to two lenses.
For purposes of radio broadcasting, not more than one audio system is permitted. If an existing audio system is available and suitable, it shall be used. If an audio system is not available, then microphones and other necessary equipment "shall be as inconspicuous as possible but must be visible."
Portable audio recording equipment may be used by reporters if it is visible and if the permission of the judge presiding at the trial or hearing is first obtained.
All pooling arrangements are the responsibility of the media representatives. Pooling arrangements must be made without involving the court. If any disputes arise, the judge may exclude all contesting media representatives.
Electronic or photographic equipment that produces distracting sound or light shall be prohibited by the judge. No artificial lighting, other than that normally used in the courtroom, is permitted unless the judge, upon request and after consultation with the media representatives, determines that the normal light can be improved without becoming obtrusive.
Still photographers and television and radio representatives shall not move about the courtroom from the place where they have been positioned by the judge, except to leave or enter the courtroom.
Rule 12(C) Limitations.
Audio pickup or broadcast of conferences in a court facility between attorney and client or between counsel and the judge are prohibited.
The trial judge must advise victims and witnesses of their right to object to being filmed, videotaped, recorded, or photographed.
No part of Rule 12 gives authority for media coverage where it is otherwise limited or prohibited by law.
While the court is in session, media representatives are not permitted to either transmit or record anything from the courtroom other than court proceedings.
Rule 12(D) Revocation of Permission.
If any media representative fails to comply with the conditions set by either the judge or this rule, the judge may revoke the permission to broadcast or photograph the trial or hearing.