II 109th CONGRESS 1st Session S. 829 IN THE SENATE OF THE UNITED STATES April 18, 2005 Mr. Grassley (for himself, Mr. Schumer, Mr. Cornyn, Mr. Leahy, Mr. Craig, Mr. Feingold, Mr. Allen, Mr. Durbin, Mr. Graham, Mr. DeWine, and Mr. Allard) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow media coverage of court proceedings.

1.

Short title

This Act may be cited as the Sunshine in the Courtroom Act of 2005.

2.

Definitions

In this Act: (1)

Presiding judge

The term presiding judge means the judge presiding over the court proceeding concerned. In proceedings in which more than 1 judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that— (A)in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B)in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2)

Appellate court of the united states

The term appellate court of the United States means any United States circuit court of appeals and the Supreme Court of the United States.

3.

Authority of presiding judge to allow media coverage of court proceedings

(a)

Authority of appellate courts

Notwithstanding any other provision of law, the presiding judge of an appellate court of the United States may, in the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (b)

Authority of district courts

(1)

In general

Notwithstanding any other provision of law, any presiding judge of a district court of the United States may, in the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (2)

Obscuring of witnesses

(A)

In general

Upon the request of any witness in a trial proceeding other than a party, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding. (B)

Notification to witnesses

The presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request that the image and voice of that witness be obscured during the witness’ testimony. (c)

Advisory guidelines

The Judicial Conference of the United States may promulgate advisory guidelines to which a presiding judge, in the discretion of that judge, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described under subsections (a) and (b).

4.

Sunset

The authority under section 3(b) shall terminate 3 years after the date of the enactment of this Act.