THE COURTS
WASHINGTON COUNTY
Establishing Uniform Rules Regarding Taking of Photographs, Video or Motion Pictures of Judicial Proceedings in the Hearing Room, Courtroom or Its Environs; Wireless Internet Access in the Courtrooms; No. 2016-1
[46 Pa.B. 3418]
[Saturday, July 2, 2016]
Administrative Order And Now, this 13th day of June, 2016, it is hereby Ordered and Decreed that the following order shall govern the use of media devices in and around the courtrooms, hearing rooms, or its environs. The Administrative Order of April 9, 2014, concerning this matter is vacated.
1. No sound recording, photograph, video recording, or motion picture may be made or taken of any judicial proceeding or in any hearing room or courtroom, without the prior permission of the President Judge, the presiding judge, or the Court Administrator.
2. All electronic devices, including cell phones, tablets, laptops, and cameras, shall be powered off (not simply muted or on vibrate) in all hearing rooms and courtrooms, unless permission to activate such device has been first obtained from the presiding judge, the presiding hearing officer, or the designee of the presiding judge or the presiding hearing officer.
3. No photograph, video recording, or motion picture of any witness, juror, or member of law enforcement connected to a pending judicial proceeding may be taken or made in the courthouse or in any building housing a courtroom or hearing room, whether or not the court is actually in session, without the prior permission of the President Judge or the presiding judge.
4. The transmission of any conversation or testimony taken by any electronic means during any judicial proceeding without the prior permission of the presiding judge, the presiding hearing officer, or the Court Administrator is strictly prohibited. This prohibition includes live blogging, tweeting, and/or posting quotations via social media.
5. The presiding judge, or the presiding hearing officer or his/her designee, are authorized to enforce this Order, including taking immediate possession of any offending device.
6. Any device confiscated pursuant to this Order that is not claimed by its lawful owner within seven (7) business days of such confiscation shall be deemed forfeited to the County of Washington.
7. The District Attorney and Public Defender's Office shall be permitted to access case information by use of electronic means in the courtrooms or hearing rooms pursuant to a policy developed and implemented by the Court Administrator.
8. This Order does not preclude:
a. The use of electronic devices by counsel and/or their agents and employees in the presentation of their case as otherwise authorized by law;
b. The use of electronic devices in non-legal proceedings such as ceremonial proceedings, mock trials, or other similar proceedings. It is the responsibility of the recording party to obtain any necessary release from the participants;
c. The use of cameras or other equipment utilized by court personnel or the Washington County Sheriff's Department for the purpose of providing courtroom security, or otherwise monitoring proceedings.
9. Nothing contained herein shall be construed as conflicting with or otherwise superseding the provisions of Pa.R.Crim.P. 112 and 542(B)(5), and/or Pa.R.J.A. 1910.
10. Violation of this Order may constitute contempt of court and result in the removal of the individual, confiscation of the device, the deletion of any offending data or material on such device, the imposition of a fine of up to $1,000.00, and/or imprisonment of up to six (6) months.
It is Ordered that this Administrative Order shall be effective thirty (30) days after the publication thereof in the Pennsylvania Bulletin.
It is further Ordered that, in accordance with Pa.R.Crim.P. 105, the District Court Administrator shall:
(a) File one (1) certified copy hereof with the Administrative Office of the Pennsylvania Courts;
(b) Distribute two (2) certified copies hereof to and one (1) CD-ROM copy that complies with the requirement of Pa. Code § 13.11(b), to the Legislative Reference Bureau for publication in Pennsylvania Bulletin;
(c) File one (1) certified copy hereof with the Criminal Procedural Rules Committee;
(d) File one (1) certified copy with the Clerk of Courts;
(e) Cause a copy hereof to be published in the Washington County Bar Journal once a week for two successive weeks at the expense of the County of Washington; and
(f) Supervise the distribution hereof to all Judges of this Court and the Magisterial District Judges of the County of Washington.
By the Court
KATHERINE B. EMERY,
President Judge
[Pa.B. Doc. No. 16-1127. Filed for public inspection July 1, 2016, 9:00 a.m.]
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