RULE GR 16
             COURTROOM PHOTOGRAPHY AND RECORDING BY THE NEWS MEDIA


    (a) Video and audio recording and still photography by the
        news media are allowed in the courtroom during and between
        sessions, provided

         (1) that permission shall have first been expressly granted
             by the judge; and

         (2) that media personnel not, by their appearance or
             conduct, distract participants in the proceedings or
             otherwise adversely affect the dignity and fairness of the proceedings.

    (b) The judge shall exercise reasonable discretion in
        prescribing conditions and limitations with which media
        personnel shall comply.

    (c) If the judge finds that sufficient reasons exist to
        warrant limitations on courtroom photography or recording,
        the judge shall make particularized findings on the records
        at the time of announcing the limitations.  This may be done
        either orally or in a written order.  In determining what,
        if any, limitations should be imposed, the judge shall be
        guided by the following principles:

         (1)  Open access is presumed; limitations on access must be
              supported by reasons found by the judge to be sufficiently
              compelling to outweigh that presumption;

         (2)  Prior to imposing any limitations on courtroom
              photography or recording, the judge shall, upon request,
              hear from any party and from any other person or entity
              deemed appropriate by the judge; and

         (3)  Any reasons found sufficient to support limitations on
              courtroom photography or recording shall relate to the
              specific circumstances of the case before the court rather
              than reflecting merely generalized views.


[Adopted effective December 27, 1991; amended effective January 4, 2005.]


                          Comment

    Before 1991 when GR 16 on “Cameras in the Courtroom” was
first adopted, the subject had only been addressed in the
Code of Judicial Conduct’s Canon 3(A)(7).  The intent of the
1991 change was to make clear both that cameras were fully
accepted in Washington courtrooms and also that broad
discretion was vested in the court to decide what, if any,
limitations should be imposed.  In subsequent experience,
both judges and the media have perceived a need for greater
guidance as to how that judicial discretion should be
exercised in a particular case.  This 2003 amendment to GR 16
is intended to fill that practical need.

    While not providing much guidance for the court’s
exercise of discretion, the Canon did contain some
“illustrative guidelines” on how media personnel should
conduct themselves while covering the courts.  Although
these guidelines were no longer a part of the rule once GR
16 was adopted, they continued to be published in the
accompanying Comment.  Some portions of those guidelines
have now become outdated and others are superseded by
language in the new GR 16.  Because there continues to be
potential value in some of the remaining guidelines, they
will be here set out in redacted form:


ILLUSTRATIVE BROADCAST GUIDELINES

1. Officers of Court.    Broadcast newspersons should advise
the bailiff prior to the start of a court session that they
desire to electronically record and/or broadcast live from
within the courtroom.  The bailiff may have prior
instructions from the judge as to where the broadcast
reporter and/or camera operator may position themselves.  In
the absence of any directions from the judge or bailiff, the
position should be behind the front row of spectator seats
by the least used aisleway or other unobtrusive but viable location.

2. Pooling.     Unless the judge directs otherwise, no more
than one television camera should be taking pictures in the
courtroom at any one time.  It should be the responsibility
of each broadcast news representative present at the opening
of each session of court to achieve an understanding with
all other broadcast representatives as to how they will pool
their photographic coverage.  This understanding should be
reached outside the courtroom and without imposing on the
judge or court personnel.

3. Broadcast Equipment.      All running wires used should
be securely taped to the floor.  All broadcast equipment
should be handled as inconspicuously and quietly as
reasonably possible.  Sufficient film and/or tape capacities
should be provided to obviate film and/or tape changes
except during court recess.  No additional lights should be
used without the specific approval of the presiding judge.

4. Decorum.     Camera operators should not move tripod-
mounted cameras except during court recess. All broadcast
equipment should be in place and ready to function no less
than 15 minutes before the beginning of each session of court.

    An accompanying set of “Illustrative Print Media
Guidelines” contained substantially the same provisions from
print media personnel.  The only additional matters
addressed were that still photographers should use cameras
operating quietly and without a flash and they should not
“assume body positions inappropriate for spectators.”