[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 352 Reported in Senate (RS)]






                                                       Calendar No. 618
110th CONGRESS
  2d Session
                                 S. 352

      To provide for media coverage of Federal court proceedings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2007

  Mr. Grassley (for himself, Mr. Schumer, Mr. Leahy, Mr. Specter, Mr. 
   Graham, Mr. Feingold, Mr. Cornyn, Mr. Durbin, Mr. Craig, and Mr. 
    Allard) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             March 13, 2008

                 Reported by Mr. Leahy, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
      To provide for media coverage of Federal court proceedings.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the .``Sunshine in the Courtroom Act of 
<DELETED>2007</DELETED> 2008''

SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.

    (a) Definitions.--In this section:
            (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.
    (b) Authority of Presiding Judge To Allow Media Coverage of Court 
Proceedings.--
            (1) Authority of appellate courts.--
                    (A) In general.--Except as provided under 
                subparagraph (B), the presiding judge of an appellate 
                court of the United States may, at the discretion of 
                that judge, permit the photographing, electronic 
                recording, broadcasting, or televising to the public of 
                any court proceeding over which that judge presides.
                    (B) Exception.--The presiding judge shall not 
                permit any action under subparagraph (A), if--
                            (i) in the case of a proceeding involving 
                        only the presiding judge, that judge determines 
                        the action would constitute a violation of the 
                        due process rights of any party; or
                            (ii) in the case of a proceeding involving 
                        the participation of more than 1 judge, a 
                        majority of the judges participating determine 
                        that the action would constitute a violation of 
                        the due process rights of any party.
            (2) Authority of district courts.--
                    (A) In general.--
                            (i) Authority.--Notwithstanding any other 
                        provision of law, except as provided under 
                        clause (iii), the presiding judge of a district 
                        court of the United States may, at the 
                        discretion of that judge, permit the 
                        photographing, electronic recording, 
                        broadcasting, or televising to the public of 
                        any court proceeding over which that judge 
                        presides.
                            (ii) Obscuring of witnesses.--Except as 
                        provided under clause (iii)--
                                    (I) upon the request of any witness 
                                (other than a party) in a trial 
                                proceeding, 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; and
                                    (II) the presiding judge in a trial 
                                proceeding shall inform each witness 
                                who is not a party that the witness has 
                                the right to request the image and 
                                voice of that witness to be obscured 
                                during the witness' testimony.
                        <DELETED>    (iii) Exception.--The presiding 
                        judge shall not permit any action under this 
                        subparagraph, if that judge determines the 
                        action would constitute a violation of the due 
                        process rights of any party.</DELETED>
                            (iii) Exception.--The presiding judge shall 
                        not permit any action under this subparagraph--
                                    (I) if that judge determines the 
                                action would constitute a violation of 
                                the due process rights of any party; 
                                and
                                    (II) until the Judicial Conference 
                                of the United States promulgates 
                                mandatory guidelines under paragraph 
                                (5).
                <DELETED>    (B) No televising of jurors.--The 
                presiding judge shall not permit the televising of any 
                juror in a trial proceeding.</DELETED>
                    (B) No media coverage of jurors.--The presiding 
                judge shall not permit the photographing, electronic 
                recording, broadcasting, or televising of any juror in 
                a trial proceeding, or of the jury selection process.
                    (C) Discretion of the judge.--The presiding judge 
                shall have the discretion to obscure the face and voice 
                of an individual, if good cause is shown that the 
                photographing, electronic recording, broadcasting, or 
                televising of the individual would threaten--
                            (i) the safety of the individual;
                            (ii) the security of the court;
                            (iii) the integrity of future or ongoing 
                        law enforcement operations; or
                            (iv) the interest of justice.
                    (D) Sunset of district court authority.--The 
                authority under this paragraph shall terminate 3 years 
                after the date of the enactment of this Act.
            (3) Interlocutory appeals barred.--The decision of the 
        presiding judge under this subsection of whether or not to 
        permit, deny, or terminate the photographing, electronic 
        recording, broadcasting, or televising of a court proceeding 
        may not be challenged through an interlocutory appeal.
            <DELETED>(3)</DELETED>(4) Advisory guidelines.--The 
        Judicial Conference of the United States may promulgate 
        advisory guidelines to which a presiding judge, at 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 
        paragraphs (1) and (2).
        <DELETED>    (4) Sunset of district court authority.--The 
        authority under paragraph (2) shall terminate 3 years after the 
        date of the enactment of this Act.</DELETED>
            (5) Mandatory guidelines.--Not later than 6 months after 
        the date of enactment of this Act, the Judicial Conference of 
        the United States shall promulgate mandatory guidelines which a 
        presiding judge is required to follow for obscuring of certain 
        vulnerable witnesses, including crime victims, minor victims, 
        families of victims, cooperating witnesses, undercover law 
        enforcement officers or agents, witnesses subject to section 
        3521 of title 18, United States Code, relating to witness 
        relocation and protection, or minors under the age of 18 years. 
        The guidelines shall include procedures for determining, at the 
        earliest practicable time in any investigation or case, which 
        witnesses should be considered vulnerable under this section.
            (6) Procedures.--In the interests of justice and fairness, 
        the presiding judge of the court in which media use is desired 
        has discretion to promulgate rules and disciplinary measures 
        for the courtroom use of any form of media or media equipment 
        and the acquisition or distribution of any of the images or 
        sounds obtained in the courtroom. The presiding judge shall 
        also have discretion to require written acknowledgment of the 
        rules by anyone individually or on behalf of any entity before 
        being allowed to acquire any images or sounds from the 
        courtroom.
            (7) No broadcast of conferences between attorneys and 
        clients.--There shall be no audio pickup or broadcast of 
        conferences which occur in a court proceeding between attorneys 
        and their clients, between co-counsel of a client, between 
        adverse counsel, or between counsel and the presiding judge, if 
        the conferences are not part of the official record of the 
        proceedings.
            (8) Expenses.--A court may require that any accommodations 
        to effectuate this Act be made without public expense.
            (9) Inherent authority.--Nothing in this Act shall limit 
        the inherent authority of a court to protect witnesses or clear 
        the courtroom to preserve the decorum and integrity of the 
        legal process or protect the safety of an individual.
                                                       Calendar No. 618

110th CONGRESS

  2d Session

                                 S. 352

_______________________________________________________________________

                                 A BILL

      To provide for media coverage of Federal court proceedings.

_______________________________________________________________________

                             March 13, 2008

                        Reported with amendments