Courts

SPMGR 16.5 Court Facility Photography, Imaging, Recording, and Broadcasting

(a) Purpose.  The purpose of this rule is to supplement, clarify, and provide processes and procedures for the implementation of General Rule 16 of the Washington State Court Rules for the Spokane Municipal Court and to provide guidelines for media organizations and their representatives, parties and participants in matters before the Court, and members of the public when planning to photograph, image, record, and/or broadcast court proceedings.

(b) Definitions

• (1) "Broadcast" means to send out or transmit any image or audio by means of radio, television, streaming over the Internet, posting to a social media, blog, or other website, and/or any other means of disseminating such image and/or audio capture beyond the device on which it was originally captured.
• (2) "Coverage" means any recording or broadcasting of a court proceeding using television, radio, photography, video, or recording equipment.
• (3) "Media" means legitimate news gathering and reporting agencies and their representatives whose function is to inform the public, or persons engaged in the preparation of educational films or recordings.
• (4) "Minor" means any person under eighteen (18) years of age.
• (5) "Photograph" means a capture of a visual image using film, magnetic, or digital technology, including images captured by a still or video camera, telescope, other analog or digital device, and/or displayed on a computer or video screen.
• (6) "Proceeding" means any trial, hearing, motion, argument on appeal, or other matter held in open court that the public is entitled to attend, whether in person or by videoconference. For the purposes of section C of this rule, "proceeding" includes any activity in the building in which the judicial proceeding is being held or any official duty is being performed in any location as part of the judicial proceeding.
• (7) "Presiding Judge" means the judge, justice, master, referee or other judicial officer who is scheduled to preside, or is presiding, over the proceedings.

(c) Request to Photograph, Record, or Broadcast Proceeding

• (1) Request Process: Requests to photograph, record, or broadcast proceedings shall be made in writing on the form promulgated by the Court to the presiding judge not less than one (1) business day before the proceeding is scheduled to begin. The presiding judge may waive the one-day requirement at his or her discretion.

(d) Coverage Guidelines

• (1) Presumptively Permissible Coverage. Open access to all court proceedings is presumed.
• (2) Presumptively Impermissible Coverage: Subject to specific findings by the presiding judge made on a case-by-case basis, coverage of the following is presumptively impermissible:
  • (A) Minor Participants. Coverage of a witness, party, or victim who is a minor in any judicial proceeding, except when a minor is being tried for a criminal offense as an adult.
  • (B) Jury Selection. Media coverage of jury selection.
  • (C) Jurors. Coverage of jurors during the judicial proceeding.
  • (D) Closed Proceedings. Coverage of proceedings which are otherwise closed to the public by law.
  • (E) Conferences of Counsel. There shall be no audio capturing, recording, broadcasting, or close up video capturing of conferences, which occur in a court facility, between attorneys and their clients, between co-counsel of a client, between counsel and the presiding judge held at the bench or in chambers, or between judges in an appellate proceeding.
• (3) Priority of Coverage: Subject to specific findings by the presiding judge made on a case-by-case basis, Media will have priority in the allocation of permission for coverage.
• (4) Coverage Equipment and Personnel. Subject to specific findings by the presiding judge made on a case-by-case basis the following presumptive guidelines will apply to all coverage of proceedings:
  • (A) Pooling Arrangements. When more than one request for coverage is made, the media shall select a representative to serve as a liaison and be responsible for arranging "pooling" among the media that may be required by these limitations on equipment and personnel. The identity of the person selected, including name, business address, phone, and email address, shall be filed with the clerk of the court in which the proceeding is to be held. Pooling arrangements shall be reached when the court is not in session and shall be the sole responsibility of the media without calling upon the presiding judge to mediate any dispute as to the appropriate media representative or equipment authorized to cover a particular proceeding. Such pooling arrangements shall include the designation of pool operators, procedures for cost sharing, access to and dissemination of material, and selection of a pool representative if appropriate. In the absence of advance media agreement on disputed equipment or personnel issues, the presiding judge shall exclude all contesting media personnel from a proceeding.
  • (B) Limitations. At least one, but no more than two television cameras with one operator each, two still photographers using not more than two cameras each, and one audio system for radio broadcast purposes, will be permitted in any judicial proceeding.
  • (C) Personal Audio Recorders. Coverage may include the use of hand-held audio recorders. Such recorders may not employ microphone technology that is more sensitive than the human ear. Usage shall not be obtrusive or distracting, and no change of storage devices may be made during court sessions.
  • (D) Distractions. Only television, photographic, and audio equipment which does not produce distracting sound or light shall be employed to cover proceedings in a courtroom. Signal lights or devices that show when equipment is operating shall not be visible. Moving lights, flash attachments, or sudden light changes shall not be employed.
  • (E) Courtroom Light Source. If possible, lighting for all purposes shall be accomplished from existing court facility light sources. If no technically suitable lighting exists in the court facility, modifications and additions may be made to existing light sources in the facility, provided such modifications and additions are unobtrusive, located in places designated in advance of any proceeding by the presiding judge, and without public expense.
  • (F) Audio Pickup. Audio pickup for all purposes shall be accomplished from existing audio systems present in the court facility or from television/video cameras or other devices with a built-in microphone. If no technically suitable audio system exists in the court facility, microphones and related wiring essential for media purposes shall be unobtrusive and shall be located in places designated in advance of any proceeding by the presiding judge.
  • (G) Technical Difficulties. Court proceedings shall not be interrupted because of a technical or equipment problem or malfunction. If any problem occurs, that piece of equipment shall be turned off while the proceeding is in session. No attempt shall be made to correct the technical or equipment problem until the proceeding is in recess or has concluded.
  • (H) Location of Equipment and Personnel. The presiding judge will designate the location in the courtroom for equipment and operators to permit reasonable coverage without disruption of proceedings.
  • (I) Alterations. No permanent installation shall be made nor shall any court facility be altered, unless approved in advance by the presiding judge. Any expenses for alterations shall be borne by the individual or entity seeking such alteration.
  • (J) Movement During Proceedings. During proceedings, operating personnel shall not move about nor make any adjustment or change of any equipment which disrupts or distracts from the proceeding. Broadcasting, photographic, or audio equipment shall not be placed in or removed from the court facility except prior to commencement or after adjournment of proceedings each day, or during a recess in the proceeding.

(e) Modification of Rule or Procedures.

• (1) Discretion of Presiding Judge. The presiding judge has the discretion to refuse, limit, terminate, or temporarily suspend coverage of an entire case or portions thereof, in order to (i) control the conduct of the proceedings before the court; (ii) maintain decorum and prevent distractions; (iii) guarantee the safety of any party, witness, or juror; and (iv) ensure the fair administration of justice in the pending cause. Such exercise of the presiding judge's discretion shall be made following the procedures established in section (e)(2).
• (2) Evidentiary Hearing. Before denying, limiting, suspending, or terminating coverage, the presiding judge shall hold an evidentiary hearing, if such a hearing will not delay or disrupt the judicial proceeding. In the event an evidentiary hearing is not possible, affidavits may be used. The burden of proof shall be on the party seeking limits on media coverage. If there is no opposition to media coverage, the presiding judge may consider matters that are properly the subject of judicial notice. Individuals or organizations requesting coverage shall be allowed to present proof, either at the evidentiary hearing or by affidavit. Any finding that coverage should be denied, limited, suspended or terminated must be supported by substantial evidence that at least one of the four interests in section (e)(1) is involved, and that such denial, limitation, suspension, or termination is necessary to adequately reach an accommodation of such interest. The presiding judge shall enter written findings of fact detailing the substantial evidence required to support his or her order.

(f) Exclusions.

• (1) Ceremonial Proceedings. The presiding judge has the discretion to refuse, limit, terminate, or temporarily suspend coverage of an entire case or portions thereof, in order to (i) control the conduct of the proceedings before the court; (ii) maintain decorum and prevent distractions; (iii) guarantee the safety of any party, witness, or juror; and (iv) ensure the fair administration of justice in the pending cause. Such exercise of the presiding judge's discretion shall be made following the procedures established in section (e)(2).
• (2) Print Media. This rule does not govern the coverage of a proceeding by a news reporter or other person who is not using a camera or electronic equipment of any sort, including audio recording equipment.

(g) Compliance.

• (1) Individuals or entities who fail to comply with this rule shall be subject to an appropriate sanction as determined by the presiding judge.

(Adopted effective Sept. 1, 2024)