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PA Bulletin, Doc. No. 16-2189

THE COURTS

LANCASTER COUNTY

Adoption of Rule 112 of Local Rules of Criminal Procedure; No. 25 AD 2016

[46 Pa.B. 7814]
[Saturday, December 17, 2016]

Administrative Order

 And Now, this 30th day of November 2016, it is hereby

 Ordered, that effective January 9, 2017, the Lancaster County Court of Common Pleas adopts the following local rule 112 governing photography, recording, broadcasting and electronic equipment for the 2nd Judicial District.

 The Lancaster County District Court Administrator is Ordered to do the following:

 1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

 2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish these Rules on the Lancaster County Court website at www.court.co.lancaster.pa.us.

 4. Incorporation of the local rule into the set of local rules on www.court.co.lancaster.pa.us within thirty (30) days after the publication of the local rule in the Pennsylvania Bulletin.

 5. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.

By the Court

DENNIS E. REINAKER, 
President Judge

L.C.R.Crim.P. No. 112. Photography, Recording, Broadcasting and Electronic Equipment.

 A. The taking of photographs, including video pictures and recording, and the use of audio and video broadcast and audio recording equipment and any other device capable of capturing or transmitting sound or images, in a courtroom or hearing room or its environs during the progress of or in connection with any action, whether or not court is actually in session, is prohibited.

 B. Environs Defined: Environs of a courtroom or hearing room shall include the entire floor on which is located any courtroom, hearing room, jury room, grand jury room, sheriff's office or station, Prothonotary's or Clerk of Courts office, office of the District Attorney, or any lockup or prisoner holding area. Environs also includes the corridor or lobby on the main floor or street floor, any elevator area and any area constituting an interior entrance area to the building of any courtroom, hearing room or grand jury room.

 C. Recording Devices and Cellular Telephones Prohibited: Cameras, cellular telephones, portable electronic data devices and any other device capable of capturing or transmitting images or sound are prohibited inside of the Lancaster County Courthouse (hereafter ''Courthouse''), Adult Probation and Parole offices (40 East King Street), Domestic Relations lobby and offices, and inside a Magisterial District Court office at the discretion of the Magisterial District Judge.

 1. Employee Exception: The prohibition in Section C above shall not apply to those individuals employed by the Court or County in the Courthouse, a Magisterial District Court, Adult Probation and Parole offices, or Domestic Relations lobby and offices, who clearly display an identification badge issued by the County of Lancaster, provided, however, that the device shall be in a ''silent'' or ''vibrate only'' mode when the employee enters a courtroom, hearing room, or grand jury room.

 2. Attorney Exception: The prohibition to those facilities enumerated in Section C above shall not apply to an attorney at law who enters the Courthouse or a Magisterial District Court on business related to the representation of a client, provided, however, that the device shall have the power switched ''off'' when the attorney enters a courtroom, hearing room, or grand jury room.

 3. Emergency Responder Exception: The prohibition to those facilities enumerated in Section C above shall not apply to emergency medical or other personnel responding to a call within the Courthouse, Office of Adult Probation, or Magisterial District Court.

 4. Juror Exception: The prohibition in Section C above shall not apply to jurors summoned by Court Administration during their period of service as a juror.

 5. Evidence Exception: The prohibition in Section C above shall not apply to the use of such devices for the purpose of presenting evidence in any court proceeding.

 6. Law Enforcement Exception: The prohibition to those facilities enumerated in Section C above shall not apply to a member of law enforcement who provides proper identification and is on business related to a case before the court and/or a meeting with the Office of the District Attorney. However, the device shall have the power switched ''off'' when the member of law enforcement enters a courtroom, hearing room, or grand jury room.

 D. Special Proceedings: In the discretion of the President Judge, photographing, making video or audio recordings, televising or broadcasting any special proceedings such as investiture, naturalization, or ceremonial proceedings, in a courtroom or its environs may be permitted under such conditions as the President Judge may prescribe.

 E. Stenographic Recordings: Except as permitted by law or rule of court, the recording by any means of any judicial proceedings by anyone other than the official court stenographer in a court case, for any purpose, is prohibited.

 F. Special Permission: The President Judge may, upon application, make exception to the prohibitions contained in this Rule under such circumstances and subject to such conditions as the President Judge may prescribe.

 1. The application shall include the reason for the request, the type of electronic medium intended to be used, the locations at which the electronic medium is to be used, and the date and times of the day for which the exception is being sought.

 2. If the exception is being sought in connection with any judicial proceeding, the caption and case number of the proceeding shall be included in the application.

 G. Special Cases: The court may make such orders as may be necessary in connection with any specific case to protect the rights of all parties and the public

[Pa.B. Doc. No. 16-2189. Filed for public inspection December 16, 2016, 9:00 a.m.]


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