[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5163 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5163

      To provide for media coverage of Federal court proceedings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2012

 Mr. Daniel E. Lungren of California (for himself, Mr. Chabot, Ms. Zoe 
 Lofgren of California, and Mr. Deutch) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 
2012''.

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's testimony.
                            (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.
                    (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.
            (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.
            (4) Guidelines.--The Judicial Conference of the United 
        States may promulgate guidelines with respect to the management 
        and administration of photographing, recording, broadcasting, 
        or televising described under paragraphs (1) and (2).
            (5) Sunset of district court authority.--The authority 
        under paragraph (2) shall terminate 2 years after the date of 
        the enactment of this Act.
            (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.
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