Relates to audio-visual coverage of judicial proceedings; repealer

In subdivision 2 of section 218, the definition of "nonparty witness" is expanded to include witnesses in family court proceedings and to provide definitions for "victim" and "aurally obscured;"

Subdivision 3 provides that requests for audio-visual coverage shall be made prior to the commencement of the proceeding to the presiding trial judge and where feasible applications for audio visual coverage should be made not less than 10 days before commencement of the proceeding, with any objections by a party or victim filed within 5 days of receipt of the request. Permission for audio-visual coverage shall be at the discretion of the trial judge, and an order granting or denying a request for audio-visual coverage shall be subject only to review by the appropriate administrative judge prior to the commencement of the proceeding. This subdivision also expands the factors that the presiding trial judge shall consider in determining such requests to include any objections to coverage, suitability of the court room and whether coverage will prejudice any party or compromise any claim or defense. Also a heightened standard is provided for permitting audio-visual coverage in family court proceedings and certain proceedings involving a child. Except for coverage of a verdict or sentencing, a request for audio visual coverage after commencement of a jury trial can only be granted upon the consent of all the parties;

Subdivision 5 adds bail hearings and preliminary hearings in criminal cases and proceedings pursuant to article three of the family court act prior to a fact finding hearing to those instances where consent of all parties is required. Also all victims as well as non party witnesses can require that his or her image be visually or aurally obscured;

Subdivision 7 which lists restrictions on audio-visual coverage is expanded to prohibit coverage of a child, other than in a criminal proceeding or a proceeding pursuant to article three of the family court act or coverage of a victim of a sex offense unless the parent or legal guardian of the child or the victim requests that coverage of his or her testimony be permitted;

Subdivision 9 requires that the Office of Court Administration establish an educational program for all judges and justices relating to this law and the rules, regulations and guidelines for its proper implementation;

Subdivision 11 directs the Office of Court Administration to monitor compliance with the law and to report to the governor and legislature on an annual basis the information that it has compiled.

Existing law

Section 218 of the judiciary law, which expired on June 30, 1997, authorized audio-visual coverage of judicial proceedings on an experimental basis.

Justification

This bill will re-authorize audio-visual coverage of judicial proceedings in New York. Starting in 1987 and continuing through 1997, the legislature authorized cameras in the courtroom. During that period hundreds of trials were televised and three review committees established under the legislation and its extensions issued reports concluding that the audio visual coverage of trial proceedings provided a public benefit while safeguarding the rights of the parties and witnesses and should continue. In 1995 when the legislature last extended the provisions of section 218, the committee established to review audio-visual coverage, after a thorough study of the effects of audio visual coverage, recommended that the law be made permanent and that training be provided to all judges and justices to ensure the appropriate application of audio visual coverage of court proceedings.

During the decade that audio visual coverage of judicial proceedings was permitted it was clearly demonstrated that audio visual coverage can provide meaningful benefits to the public. First, televised coverage of court proceedings provide greater public access to the courts, which will better educate the public about the judicial system. Second, televised coverage can also enhance public scrutiny of the judicial system and the accountability of our courts.

This bill also provides adequate protection and restrictions as well as giving presiding trial judges the discretion to ensure that audio visual coverage of court proceedings not only fully protects the rights of all parties, witnesses and victims, but also ensures judicial accountability and allows citizens to see the court system for themselves.

Legislative history

2009-2010: S.2043; 2007-2008: S.2067/A.2006; A.10830/S.7580

Fiscal implications

None.

Effective date

This act will take effect immediately, provided, however, that subdivisions one through eight and subdivision eleven of section 218 of the Judiciary Law as added by section one of this Act shall take effect on the one hundred twentieth day after it shall have become a law.