[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S908-S909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself, Mr. Schumer, Mr. Leahy, Mr. Graham, 
        Mr. Cornyn, Mr. Durbin, and Ms. Klobuchar):
  S. 410. A bill to provide for media coverage of Federal court 
proceedings; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, today, I 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. 
Courts are the bedrock of the American justice system. Allowing greater 
access to our courts will inspire faith in and restore appreciation for 
our judges who pledge equal and impartial justice for all.
  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; 
16 allow coverage with slight restrictions; and the remaining 15 allow 
coverage with stricter rules.
  The bill I am introducing today, along with Senator Schumer and five 
other cosponsors from both sides of the aisle, including Judiciary 
Chairman Leahy, 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 3 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 open the doors and let the light shine in on the Federal 
Judiciary. 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.
  Mr. President, 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. 410

       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 2011''.

     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--

       (I) if that judge determines the action would constitute a 
     violation of the due process rights of any party; and

[[Page S909]]

       (II) until the Judicial Conference of the United States 
     promulgates mandatory guidelines under paragraph (5).

       (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.
       (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).
       (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.
                                 ______