W.Va. R. App. P. 42

As amended through January 31, 2024
Rule 42 - Media access
(a)General rule. In proceedings that are open to the public, the Intermediate Court or the Supreme Court may, in its discretion, permit a member of the media to utilize cameras or equipment used for word processing in and around the courtrooms in which those courts may sit, provided that orderly procedures are not impaired or interrupted.
(b)Prior notice and compliance with rules required. Members of the media who wish to cover an Intermediate Court or Supreme Court proceeding shall notify the public information officer of the Supreme Court as far in advance as is practicable. If the public information officer is not available, the Clerk must be notified. It shall be the duty of media personnel to affirm that they have read this Rule and will abide by the same and further, to demonstrate to the public information officer, or to the Clerk, sufficiently and in advance of any proceeding, that the equipment sought to be used does not produce a distracting sound or light. A failure to provide advance notice may preclude the use of such equipment in any proceeding.
(c)Termination of coverage. After the proceedings have commenced, the Clerk or the public information officer shall terminate coverage of any portion of the proceedings or of the remainder of the proceedings if the Clerk, or the public information officer, determines that continuing coverage is disturbing the proceeding, will impede justice, or will create unfairness for any party.
(d)Nonjudicial meetings. Media coverage of any nonjudicial meeting or other gathering in the courtrooms shall be determined by the concurrence of the sponsoring group and the public information officer or the Clerk and shall be conducted in accordance with this Rule. These rules shall not limit media coverage of ceremonial proceedings conducted in court facilities under such terms and conditions as may be established by the public information officer.
(e)Equipment and personnel. Broadcast media should arrive at least thirty minutes prior to oral arguments to begin setting up equipment. All equipment must be in place and tested no less than fifteen minutes in advance of the time scheduled for the court proceeding. The following equipment and persons shall be the maximum equipment and broadcast personnel permitted to actively cover proceedings in the courtroom at any one time:
(1) one portable television camera or film camera with not more than one person operating the same;
(2) one still photographer with one camera and not more than two lenses and necessary related equipment. Only still camera equipment that does not produce distracting sound or light shall be employed in the courtroom. Only television equipment which does not produce distracting sound or light shall be employed in the courtroom. No artificial lighting (other than that normally present in the courtroom) shall be employed in the courtroom except that, with the concurrence of the public information officer or the Clerk, modifications and additions may be made to lighting in the courtroom, if such modification or additions are installed and maintained without public expense. Reporters who wish to utilize laptop computers to take notes must do so in an area provided for that purpose, and must be in place before proceedings begin. Space will be provided on a first-come first-served basis.
(f)Live audio feed must be used. Only film and video cameras without working audio pickup shall be employed in the courtroom. Audio recording equipment of any kind is not permitted in the courtroom. Instead, members of the media must utilize the live audio feed in a designated location in the courtroom. The live audio feed is available as a microphone level or line level signal and requires a female XLR connector. Members of the media are responsible for providing their own equipment suitable to connect to the live audio feed.
(g)Location of equipment and personnel. Video or film camera equipment shall be positioned in such location in the courtroom as shall be designated by the Clerk. All camera equipment shall be positioned only in such area. Any additional television equipment shall be positioned in an area outside the courtroom if that is technically possible. Cables and wiring must be placed in a safe and unobtrusive manner. A still camera photographer shall position himself or herself in such location in the courtroom as shall be designated by the Clerk. The photographer shall assume a fixed position within the designated area and shall act so as not to create a disturbance or call attention to himself or herself through further movement. The photographer shall not move about the courtroom. Unless expressly permitted by the Clerk, representatives of the media shall not move about the courtroom while a proceeding is in progress, and equipment, once positioned, shall not be moved during a proceeding.
(h)Courtroom conduct. Broadcast, print, or other media interviews will not be permitted inside the courtroom at any time. Broadcast, print, or other media interviews may be conducted in the hallway outside the courtroom in an area designated by the public information officer. Distribution of printed material, including pamphlets or flyers of any kind, is prohibited both in the courtroom and in the hallway outside the courtroom on days when the Court is in session. Photographers, videographers, and technical support staff covering a proceeding shall avoid activity that might distract participants or impair the dignity of the proceedings. All media personnel shall observe the customs of the Intermediate Court and the Supreme Court, and appropriate dress is required.
(i)Pooling arrangements. Any pooling arrangements among those seeking to provide camera coverage shall be the sole responsibility of media persons. The Clerk, or the public information officer, will not resolve any dispute regarding the same unless a case has attracted nationwide interest. In those instances, the public information officer and Clerk will be in charge of pooling arrangements.
(j)Rebroadcast of webcast prohibited. The live webcast of oral arguments is provided by the Supreme Court as a public service and is not intended to provide an official record of proceedings. The webcast may not be rebroadcast in any manner, in whole or in part, without the prior express written permission of the Supreme Court.
(k)Waiver of rules. The Supreme Court may, in its discretion, modify or waive parts of this Rule when the circumstances require.

W.va. R. App. P. 42

Amended June 15, 2022, effective 7/1/2022.