[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5645 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5645

 To provide for media coverage of Federal appellate court proceedings, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2020

  Mr. Nadler (for himself, Mr. Chabot, Mr. Quigley, and Mr. Connolly) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for media coverage of Federal appellate court proceedings, 
                        and for other purposes.

    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 ``Eyes on the Courts Act of 2020''.

SEC. 2. MEDIA COVERAGE IN FEDERAL APPELLATE COURT PROCEEDINGS.

    (a) Definitions.--In this section:
            (1) Presiding judge.--The term ``presiding judge'' means 
        the judge presiding over a proceeding in an appellate court of 
        the United States. In proceedings in which more than one 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) Media Coverage of Court Proceedings.--
            (1) In general.--The presiding judge in a proceeding of an 
        appellate court of the United States shall permit the 
        photographing, electronic recording, audio-visual coverage, 
        broadcasting, televising, or streaming in real time or near-
        real time on the internet of that proceeding to or for the 
        public, unless--
                    (A) the presiding judge determines in writing, on 
                the motion of any party to the proceeding or sua 
                sponte, that allowing such photographing, recording, 
                broadcasting, televising, or streaming would violate 
                the due process rights of a party to the proceeding or 
                is otherwise not in the interests of justice; and
                    (B) the determination under paragraph (1) is 
                published at least 72 hours before the proceeding 
                begins.
            (2) Interlocutory appeals barred.--The determination of a 
        presiding judge under paragraph (1)(A) may not be challenged 
        through an interlocutory appeal.
            (3) Guidelines.--The Judicial Conference of the United 
        States may promulgate guidelines with respect to the management 
        and administration of photographing, recording, broadcasting, 
        televising, or streaming described under paragraph (1).
            (4) Procedures.--In the interests of justice and fairness, 
        the presiding judge of each appellate court of the United 
        States may 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 may also 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.
    (c) Effective Date.--This Act shall apply with respect to any 
proceeding in an appellate court of the United States that begins on or 
after the end of the 90-day period beginning on the date of the 
enactment of this Act.
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