Rule 8.35 - [Effective 1/1/2025] ELECTRONIC RECORDING, WRITING, AND TRANSMISSION, AND COVERAGE USING EQUIPMENT(1) As used in this rule, (a) "Courtroom" means a formal courtroom or an alternative physical location being used as a courtroom.(b) "Coverage using equipment" means coverage of proceedings conducted within a courtroom by use of still photography, radio, television, or other audio or video recording technology.(c) "Electronic recording" includes, but is not limited to, audio recording, video recording, and taking still photography by cell phone, tablet, computer, camera, or other means.(d) "Electronic transmission" means to send an electronic recording or writing, including but not limited to transmission by email, text, or instant message; live streaming; or posting to a social media or networking service.(e) "Electronic writing" means the taking of notes or otherwise writing by electronic means and includes, but is not limited to, the use of word processing software and the composition of text, emails, and instant messages.(f) "Judge presiding in a proceeding" means the Chief Justice of the Supreme Court or designee; the Chief Judge of the Court of Appeals or designee; or the justice or judge presiding in a public proceeding in the Supreme Court or Court of Appeals or designee; as appropriate.(g) "Proceedings" means public judicial proceedings conducted by the Supreme Court or the Court of Appeals. When proceedings are conducted in the courtroom in the Oregon Supreme Court Building, any provision of this rule that limits activity "within a courtroom" applies to any simultaneously displayed video feed to a public viewing area in the State of Oregon Law Library.(2) The judge presiding in a proceeding shall have the authority and responsibility to control the conduct of proceedings before the court, ensure decorum and prevent distractions, and ensure the fair administration of justice in proceedings before the court. Subject to that authority and responsibility,(a) Electronic writing in, and electronic recording and electronic transmission of, appellate proceedings may be permitted, as provided in subsections (3) and (4) of this rule; and(b) Coverage using equipment of proceedings shall be permitted, as provided in subsection (5) of this rule.(3) Except with the express prior permission of the judge presiding in a proceeding, and except as otherwise provided in subsection (4) of this rule, a person may not: (a) Electronically record any court proceeding;(b) Electronically transmit any electronic recording from within a courtroom during a proceeding;(c) Engage in electronic writing within a courtroom during a proceeding; or(d) Electronically transmit any electronic writing from within a courtroom during a proceeding.(4) Subsections (3)(c) and (d) of this rule do not apply to attorneys or agents of attorneys, unless otherwise ordered by the judge presiding in a proceeding.(5) Coverage using equipment shall be permitted as set out in this subsection.(a) Prior permission for electronic recording, electronic writing, and electronic transmission is required, as set out in subsection (3) of this rule.(b) Where available, audio pickup shall be accomplished from existing audio systems present in the courtroom, except if the audio pickup is attached to and operated as part of a television or video camera. If no technically suitable audio system exists in the courtroom, microphones and related wiring essential for purposes of coverage by equipment shall be unobtrusive and shall be located in places designated in advance of the proceeding by the judge presiding in the proceeding.(c) One still photographer, utilizing not more than two still cameras and related equipment, and one television or video camera operator, shall be permitted. The judge presiding in the proceeding shall designate:(i) A particular location in the courtroom where the photographer or television or video camera operator shall be positioned; and(ii) A particular location outside the courtroom where any video recording equipment that is not part of the television or video camera shall be positioned.(d) Microphones and cameras shall be placed in the courtroom before proceedings each day or during a recess, and, once positioned, shall not be moved during the proceeding. Microphones and cameras shall be removed only after adjournment of proceedings each day or during a recess. Persons engaging in coverage using equipment shall not move about the courtroom while proceedings are in session.(e)(i) Audio and photographic equipment that produces distracting sound or light, including artificial lighting of any kind, shall not be used. Persons engaging in coverage using equipment shall eliminate all excessive noise while in the courtroom, e.g., any equipment coverings should be removed or opened before being brought into the courtroom, and may not be replaced or closed inside the courtroom. Video and still camera digital storage media, film, or lenses shall not be changed in the courtroom except during a recess.(ii) The judge presiding in the proceedings may require any person or representative of an entity seeking to engage in coverage using equipment to demonstrate adequately in advance of the proceeding that the equipment to be used meets the light and sound standards of this rule.(f) "Pooling" arrangements required by the limitations of this rule on equipment and personnel shall be the sole responsibility of the persons or entities seeking to engage in coverage using equipment, without calling on the judge presiding in the proceeding to mediate any dispute as to the appropriate representative or equipment authorized to cover a particular proceeding. In the absence of advance agreement on disputed equipment or personnel issues, the judge presiding in the proceeding shall exclude all coverage by equipment, as defined in subsection (1)(b) of this rule.(g) Persons engaging in coverage by equipment who are attending any proceeding shall be dressed so as not to detract from the dignity of the court and may be removed from the courtroom for failure to wear appropriate attire.Amended November 29, 2024, effective 1/1/2025.