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PA Bulletin, Doc. No. 11-1453

THE COURTS

Title 207—JUDICIAL CONDUCT

PART II. CONDUCT STANDARDS

[ 207 PA. CODE CH. 33 ]

Title 210—APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

[ 210 PA. CODE CH. 63 ]

Adoption of Section 11 of the Internal Operating Procedures of the Supreme Court and Amendment of the Code of Judicial Conduct; No. 368 Judicial Administration Doc.

[41 Pa.B. 4620]
[Saturday, August 27, 2011]

Order

Per Curiam

 And Now, this 15th day of August, 2011, It Is Ordered that Section 11 of the Internal Operating Procedures of the Supreme Court is adopted and Canon 3 of the Code of Judicial Conduct is amended as set forth in the following forms.

Annex A

TITLE 207. JUDICIAL CONDUCT

PART II. CONDUCT STANDARDS

CHAPTER 33. CODE OF JUDICIAL CONDUCT

Subchapter A. CANONS

Canon 3. Judges should perform the duties of their office impartially and diligently.

 The judicial duties of judges take precedence over all their other activities. Their judicial duties include all the duties of their office prescribed by law. In the performance of these duties, the following standards apply:

A. Adjudicative responsibilities.

*  *  *  *  *

 (7) [Judges] Unless otherwise provided by the Supreme Court of Pennsylvania, judges should prohibit broadcasting, televising, recording or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions, except that a judge may authorize:

*  *  *  *  *

 Official Note: Temperate conduct of judicial proceedings is essential to the fair administration of justice. The recording and reproduction of a proceeding should not distort or dramatize the proceeding.

 See the Internal Operating Procedures of the Supreme Court of Pennsylvania and the Commonwealth Court of Pennsylvania regarding broadcasting of proceedings by the Pennsylvania Cable Network.

*  *  *  *  *

TITLE 210. APPELLATE PROCEDURE

PART II. INTERNAL OPERATING PROCEDURES

CHAPTER 63. INTERNAL OPERATING PROCEDURES OF THE SUPREME COURT

§ 63.11. Photographing, Recording and Broadcasting of Supreme Court Proceedings by the Pennsylvania Cable Network (PCN).

A. General Provisions.

 (1) The recording by the Pennsylvania Cable Network (''PCN'') of a proceeding before the Supreme Court for future broadcast on PCN is permissible only in accordance with this section.

 (2) A request to be present to record a scheduled proceeding electronically for future broadcast on PCN must be made at least three business days before the proceeding. Such requests must be submitted to the Executive Administrator of the Supreme Court of Pennsylvania or his or her designee (''Executive Administrator'') for approval by the Chief Justice. The Supreme Court shall maintain discretion to prohibit camera coverage of any proceeding, or any part thereof, due to the nature of the issues or the sensitivity of the subject matter of a proceeding.

 (3) There shall be no coverage of a proceeding involving any case that has been designated as ''sealed.''

 (4) There shall be no audio pickup or broadcast of conferences between co-counsel or among the Justices.

 (5) The Supreme Court 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.

 (6) The Supreme Court shall not incur any expense for equipment, wiring or personnel necessary to provide coverage by PCN.

 (7) Introductory commentary, if any, shall be supplied by members in good standing of the Pennsylvania Bar approved by the Supreme Court.

 (8) All coverage must be ''gavel-to-gavel,'' including rebroadcasts, with the exceptions in A.(3)—(5).

 (9) All copyrights to the broadcasts are the possession of the Supreme Court and may not be used without its approval. PCN shall provide the Supreme Court with DVD or videotape recordings of all sessions covered by PCN, whether or not broadcast or aired.

B. Equipment and Personnel.

 (1) Only robotic cameras will be permitted in the courtroom. PCN personnel shall consult with the Executive Administrator to determine 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.

 (3) Except as otherwise approved by the Executive Administrator, 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 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.

 (4) All equipment must be in place prior to the opening of the court session and shall not be removed until after the conclusion of the day's proceedings. Video recording equipment which is not a component part of a camera shall be located in an area remote from the courtroom. PCN personnel shall not enter or exit the courtroom once the proceedings are in session except during a recess or adjournment. PCN personnel shall wear appropriate attire in the courtroom.

 (5) PCN personnel shall adhere to the direction of the Executive Administrator in matters such as security, parking, noise avoidance and other related issues.

C. Impermissible Use of Material.

 None of the film, videotape, video discs, still photographs or audio reproductions developed during or by virtue of coverage of a proceeding shall be admissible as evidence in the proceeding from which it arose, in any proceeding subsequent or collateral thereto, or upon any appeal of such proceedings.

[Pa.B. Doc. No. 11-1453. Filed for public inspection August 26, 2011, 9:00 a.m.]


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