STATE OF WEST VIRGINIA

At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 21st day of February, 2002, the following order was made and entered:

IN RE: RULES GOVERNING MEDIA COVERAGE OF COURTROOM PROCEEDINGS IN THE SUPREME COURT OF APPEALS

This day came the Court on its own motion and proceeded to adopt Rules Governing Camera Coverage of Courtroom Proceedings in the Supreme Court of Appeals. It is hereby ordered that the following rules be, and they hereby are, effective immediately.

"MEDIA COVERAGE OF COURTROOM PROCEEDINGS
IN THE SUPREME COURT OF APPEALS

Cameras and audio equipment may be permitted in and around the courtrooms in which the Court may sit, at the discretion of the Court.

The Clerk, or the Clerk’s designee, based upon requests made by a party or any other person in advance of the proceedings, shall decide whether to allow camera and/or audio coverage of proceedings in and around the courtroom in a given case. Requests should be made at least one day in advance of the proceedings.

It shall be the affirmative duty of the media personnel to affirm that they have read these rules and will abide by the same and further, to demonstrate to the Clerk, or the Clerk’s designee, sufficiently and in advance of any proceeding that the equipment sought to be used does not produce a distracting sound or light. A failure to obtain such advance approval may preclude the use of such equipment in any proceeding.

After the proceedings have commenced, the Clerk, or the Clerk’s designee, shall terminate coverage of any portion of the proceedings or of the remainder of the proceedings if the Clerk, or the Clerk’s designee, determines that coverage will impede justice or create unfairness for any party.

Camera coverage shall be limited to those proceedings open to the public.

Coverage of any nonjudicial meeting or other gathering in the courtrooms shall be determined by the concurrence of the sponsoring group and the Clerk, or the Clerk’s designee, and shall be conducted in accordance with these rules. These rules shall not limit media coverage of ceremonial proceedings conducted in court facilities under such terms and conditions as may be established by the prior consent of the Clerk, or the Clerk’s designee.

The following equipment and persons shall be the maximum equipment and broadcast personnel permitted in the courtroom at any one time:

(a) One portable television camera or film camera with not more than one person operating the same.

(b) One still photographer with one camera and not more than two lenses and necessary related equipment.

(c) As used in these rules, "television equipment" includes both film and videotape cameras. Only television equipment which does not produce distracting sound or light shall be employed in the courtroom. No artificial lighting (other than that normally present in the courtroom) shall be employed in the courtroom except that, with the concurrence of the Clerk, or the Clerk’s designee, modifications and additions may be made to lighting in the courtroom, provided that such modification or additions are installed and maintained without public expense.

(d) Only film and video cameras without working audio pickup, unless otherwise approved by the Clerk, or the Clerk’s designee, shall be employed in the courtroom. Only still camera equipment that does not produce distracting sound or light shall be employed in the courtroom.

(e) Audio equipment of any type shall not be permitted in the courtroom at any time, without prior permission of the Clerk, or the Clerk’s designee. If permission is given, not more than one audio system for radio broadcast shall be permitted in any proceeding. If a technically suitable audio system exists in the court facility, audio pickup for both radio and television shall be accomplished from such system. If a technically suitable audio system does not exist in the court facility, microphones and related wiring shall be unobtrusive and shall be located in places designated in advance of the proceeding by the Clerk, or the Clerk’s designee.

The equipment as designated above shall be located in the courtroom as follows:

(a) Camera equipment shall be positioned in such location in the courtroom as shall be designated by the Clerk, or the Clerk’s designee. All camera equipment shall be positioned only in such area. Any additional television equipment shall be positioned in an area outside the courtroom if that is technically possible. Cables and wiring will be placed in a safe and unobtrusive manner.

(b) A still camera photographer shall position himself or herself in such location in the courtroom as shall be designated by the Clerk, or the Clerk’s designee. The photographer shall assume a fixed position within the designated area and shall act so as not to create a disturbance or call attention to himself or herself through further movement. The photographer shall not move about the courtroom.

(c) Audio equipment shall be positioned in such location in the courtroom as shall be designated by the Clerk, or the Clerk’s designee. Cables and wiring will be placed in a safe and unobtrusive manner.

(d) Representatives of the media shall not move about the courtroom while a proceeding is in progress, and equipment, once positioned, shall not be moved during a proceeding.

Any pooling arrangements among those seeking to provide camera coverage that are required by these limitations on equipment and personnel shall be the sole responsibility of media persons. The Clerk, or the Clerk’s designee, will not resolve any dispute regarding the same. In the absence of an advance agreement on pooling by multiple media representatives, the Clerk, or the Clerk’s designee, may exclude all contesting video media equipment from the courtroom."

A True Copy

Attest: Rory L. Perry II
        Clerk, Supreme Court of Appeals