[Congressional Record Volume 153, Number 12 (Monday, January 22, 2007)]
[Senate]
[Page S837]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself, Mr. Schumer, Mr. Leahy, Mr. 
        Specter, Mr. Graham, Mr. Feingold, Mr. Cornyn, Mr. Durbin, Mr. 
        Craig, and Mr. Allard):
  S. 352. A bill to provide for media coverage of Federal court 
proceedings; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I rise today to reintroduce the Sunshine 
in the Courtroom Act, a bipartisan bill which will allow judges at all 
Federal court levels to open their courtrooms to television cameras and 
radio broadcasts.
  Openness in our courts improves the public's understanding of what 
goes on there. Our judicial system is a secret to many people across 
the country. Letting the sun shine in on Federal courtrooms will give 
Americans an opportunity to better understand the judicial process. It 
is the best way to maintain confidence and accountability in the system 
and help judges do a better job.
  For decades, States such as my home State of Iowa have allowed 
cameras in their courtrooms, with great results. As a matter of fact, 
only the District of Columbia prohibits trial and appellate court 
coverage entirely. Nineteen States allow news coverage in most courts; 
fifteen allow coverage with slight restrictions; and the remaining 
sixteen allow coverage with stricter rules.
  The bill I'm introducing today, along with Senator Schumer and eight 
other cosponsors from both sides of the aisle, including Judiciary 
Chairman Leahy and Ranking Member Specter, will greatly improve public 
access to Federal courts. It lets Federal judges open their courtrooms 
to television cameras and other electronic media.
  The Sunshine in the Courtroom Act is full of provisions that ensure 
that the introduction of cameras and other broadcasting devices into 
the courtrooms goes as smoothly as it has at the State level. First, 
the presence of the cameras in Federal trial and appellate courts is at 
the sole discretion of the judges--it is not mandatory. The bill also 
provides a mechanism for Congress to study the effects of this 
legislation on our judiciary before making this change permanent 
through a three-year sunset provision. The bill also protects the 
privacy and safety of non-party witnesses by giving them the right to 
have their faces and voices obscured. Finally, it includes a provision 
to protect the due process rights of any party, and prohibits the 
televising of jurors.
  We need to bring the Federal judiciary into the 21st Century. This 
bill improves public access to and therefore understanding of our 
Federal courts. It has safety provisions to ensure that the cameras 
won't interfere with the proceedings or with the safety or due process 
of anyone involved in the cases. Our States have allowed news coverage 
of their courtrooms for decades. It is time we join them.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 352

       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 2007''.

     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.

       (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 televising of jurors.--The presiding judge shall not 
     permit the televising of any juror in a trial proceeding.
       (3) 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).
       (4) Sunset of district court authority.--The authority 
     under paragraph (2) shall terminate 3 years after the date of 
     the enactment of this Act.
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