THE COURTS
PART II. INTERNAL OPERATING PROCEDURES
[210 PA. CODE CH. 67]
Guidelines for the Photographing, Recording and Broadcasting of Commonwealth Court Proceedings
[36 Pa.B. 6086]
[Saturday, October 7, 2006]
Annex A
TITLE 210. APPELLATE PROCEDURE
PART II. INTERNAL OPERATING PROCEDURES
CHAPTER 67. [INTERNAL OPERATING PROCEDURES OF THE] COMMONWEALTH COURT
Subchapter A. INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT GENERAL PROVISIONS
Sec.
67.1. Classification of Judges; Definitions. 67.2. Courts En Banc and Panels; Number of Judges Assigned. 67.3. Courts En Banc and Panels; Composition. 67.4. Duty Rosters; Establishment. 67.5. Duty Rosters; Location of Proceedings. 67.6. Duty Rosters; Availability. 67.7. Duty Rosters; Teleconference Proceedings. 67.8. Duty Rosters; Special Trial Assignments. APPELLATE JURISDICTION
67.11. Permission to Appeal; Interlocutory Orders. 67.12. Permission to Appeal; Administrative Litigation Costs. 67.13. Petition for Review; Clarification. 67.14. Preargument Matters; Applications, Motions and Petitions. 67.15. Preargument Matters; Arguments and Evidentiary Hearings. 67.16. Preargument Matters; Extensions of Time. 67.17. Preargument Matters; Original Record. 67.18. Briefs; Advance Reading. 67.19. Briefs; Submission of Cases on Briefs. 67.20. Arguments; Sessions. 67.21. Arguments; Preparation of Lists. 67.22. Arguments; Number of Cases. 67.23. Arguments; Time Allowed. 67.24. Decisions; Conferences and Assignments of Draft Opinions. 67.25. Decisions; Circulation of Draft Opinions. 67.26. Decisions; Concurrences and Dissents. 67.27. Decisions; Reassignments. 67.28. Decisions; Objections. 67.29. Decisions; Effect of Disagreements. 67.30. Decisions; Overruling Previous Decisions. 67.31. Decisions; Election Law Appeals. 67.32. Decisions; Informational Circulation. 67.33. Decisions; Notation of Recusals. 67.34. Decisions; Filing. 67.35. Rearguments; Petitions for Reargument. ORIGINAL JURISDICTION
67.41. General; Applicability of Appellate Jurisdiction. 67.42. Pretrial Matters; Applications, Motions, Petitions, and Praecipes. 67.43. Pretrial Matters; Subpoenas. 67.44. Pretrial Matters; Pretrial Orders. 67.45. Proceedings; Election Cases. 67.46. Proceedings; Costs of Transcriptions of Testimony. 67.47. Reconsideration; Petitions for Reconsideration. 67.48. Process; Designation of Officials for Service of Process. 67.49. Process; Designation of Officials for Execution of Bench Warrants of Arrest. DECISIONS
67.51. Issuance of Decisions; Orders and Opinions. 67.52. Reporting of Opinions; Publications. 67.53. Reporting of Opinions; Determination as to Reporting. 67.54. Reporting of Opinions; Designation as to Reporting. 67.55. Reporting of Opinions; Certain Decisions not to be Cited. 67.56. Reporting of Opinions; Adoption of Trial Court Opinions. 67.57. Reporting of Unreported Opinions. MEDIATION
67.71. Policy.
Subchapter B. GUIDELINES FOR THE PHOTOGRAPHING, RECORDING AND BROADCASTING OF COMMONWEALTH COURT PROCEEDINGS Sec.
67.101. Guidelines for the Photographing, Recording and Broadcasting of Commonwealth Court Proceedings by the Pennsylvania Cable Network (PCN). § 67.101. Guidelines for the Photographing, Recording and Broadcasting of Commonwealth Court Proceedings by the Pennsylvania Cable Network (PCN).
(a) General Provisions.
(1) From the date of these Guidelines until further order of this Court, the recording by PCN of en banc proceedings before Commonwealth Court for future broadcast on PCN is permissible only in accordance with these Guidelines.
(2) Three business days advance notice is required of a request to be present to record a scheduled en banc proceeding electronically for future broadcast on PCN electronically. Such requests must be submitted to the Executive Administrator for approval by the President Judge. The President Judge, or presiding judge of the en banc panel will retain the authority, in his or her sole discretion, to prohibit camera coverage of any proceeding.
(3) There shall be no coverage of an en banc proceeding involving any case that the Court has designated SEALED, or of any case involving the expungement or the refusal to expunge founded or indicated reports of child abuse.
(4) The President Judge, or presiding judge of an en banc proceeding may limit or terminate coverage, or direct the removal of camera coverage personnel when necessary to protect the rights of the parties or to assure the orderly conduct of the proceedings.
(5) No expense by Commonwealth Court is to be incurred for equipment, wiring or personnel needed to provide coverage by PCN.
(6) Introductory commentary, if any, shall be supplied by members of the Pennsylvania Bar approved by the Board of Judges of the Commonwealth Court.
(7) All coverage must be gavel-to-gavel, including rebroadcasts, with the exceptions covered in a(3) and (4) above.
(8) All copyrights to the broadcasts are the possession of the Commonwealth Court of Pennsylvania and may not be used without the approval of the Commonwealth Court of Pennsylvania. PCN shall provide to the court DVD or videotape recordings of all sessions covered by PCN, whether or not broadcasted.
(9) This shall become effective November 1, 2006.
(b) Limitations.
(1) Camera coverage of en banc proceedings must be conducted in conformity with applicable statutes, national rules, any guidelines that may be issued by the U.S. Judicial Conference or the Supreme Court of Pennsylvania.
(2) There shall be no audio pickup or broadcast of conferences between co-counsel or among the judges.
(c) Equipment and Personnel.
(1) Only two television cameras, with one operator per camera will be permitted in the courtroom. The Executive Administrator, or designee, shall identify the location in the courtroom for the camera equipment and operators.
(2) Equipment shall not produce distracting sound or light. Signal lights or devices to show when the equipment is operating shall not be visible. Motorized drives, moving lights, flash attachments or sudden light changes shall not be used.
(3) Except as otherwise approved by the Executive Administrator, or designee, existing courtroom sound and light systems shall be used without modification. Audio pickup for all media purposes shall be accomplished from existing audio systems present in the court facility, or from a television camera's 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 by the Executive Administrator or designee.
(4) All equipment must be set up prior to the opening of the court session and may not be removed until after the conclusion of the day's proceedings. Video tape recording equipment which is not a component part of a television camera shall be located in an area remote from the courtroom. Camera operators shall not exit or enter the courtroom once the proceedings are in session except during a recess or adjournment. Camera operators shall wear suitable attire in the courtroom.
(5) PCN personnel shall adhere to the direction of the Executive Administrator, or designee, in such matters as security, parking, noise avoidance, and other related issues.
(d) Impermissible Use of Material.
(1) None of the film, video tape, still photographs or audio reproductions developed during or by virtue of coverage of an en banc proceeding shall be admissible as evidence in the proceeding out of which it arose, any proceeding subsequent and collateral thereto, or upon any appeal of such proceedings.
[Pa.B. Doc. No. 06-1959. Filed for public inspection October 6, 2006, 9:00 a.m.]
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