IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2008-076 PA/PI-CIR

 

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RE:     MEDIA POLICY

 

            Florida Rule of Judicial Administration 2.450 governs the use of technology in judicial proceedings.  Rule 2.450 vests the presiding judge with broad authority to control the conduct of proceedings before the court, ensure decorum and prevent distractions, and ensure the fair administration of justice.  Rule 2.450 also vests the chief judge with broad authority to determine the location and placement of audio systems, microphones, television cameras and equipment, still camera photographers and equipment, light sources, and related technological devices in courtrooms and courthouses.  The Rules of Judicial Administration can be accessed on The Florida Bar’s webpage at http://www.floridabar.org/.

 

            Recent technological advancements in consumer electronics, coupled with the installation of wireless technology in many courthouses, now make it more difficult for the presiding judge and court security to ensure that people attending court proceedings are not recording or broadcasting the court proceedings without the court’s approval.  Any non-approved recording or broadcasting of court proceedings violates Florida Rule of Judicial Administration 2.450. 

 

            In order to ensure that professional journalists continue to have appropriate access to court proceedings, to ensure that members of The Florida Bar continue to have the ability to operate approved technological devices, to prevent disruptions to court proceedings, to prevent non-approved audio or visual recordings, to ensure safety and security in the hallways and other areas of ingress and egress in the courthouses, and to assist court security in the uniform enforcement of issues related to Florida Rule of Judicial Administration 2.450, it is hereby

 

ORDERED:

 

1.      Definitions.

 

a.       “Professional journalist” is defined as a person regularly engaged in collecting, photographing, recording, writing, editing, reporting, or publishing news, for gain or livelihood, who obtained the information sought while working as a salaried employee of, or independent contractor for, a newspaper, news journal, news agency, press association, wire service, radio or television station, network, or news magazine.

 

b.      “News” is defined as information of public concern relating to local, statewide, national, or worldwide issues or events.

2.                  No device capable of taking pictures or capturing sound may be operated inside any room in which a judicial proceeding is taking place or immediately prior to a scheduled judicial proceeding without prior approval of the presiding judge.  Such devices include, but are not limited to, cell phones, cameras, digital voice recorders, tape recorders, laptops, personal digital assistants, or similar technological devices.  A person who operates a non-approved device will have the device confiscated by court security and such person may be issued a trespass warning or may be held in contempt of court or both.

 

3.                  In order to ensure security and the orderly administration of justice, persons seeking prior approval to operate a device capable of taking pictures or capturing sound shall do the following:

 

a.       A person not meeting the definition of “professional journalist” shall present his or her request to the Public Information Officer (PIO) of the Sixth Judicial Circuit as far in advance of the scheduled proceeding as circumstances permit.  The PIO shall communicate all requests made under this provision to the presiding judge. The PIO will then inform the requester whether or not the presiding judge has approved the request.

 

b.      A person meeting the definition of “professional journalist” may present his or her request to the presiding judge or to the Public Information Officer (PIO) of the Sixth Judicial Circuit as far in advance of the scheduled proceeding as circumstances permit.

 

4.                  Members of The Florida Bar appearing before the court shall be allowed to operate technological devices to the extent customarily allowed by the presiding judge.

 

5.                  Nothing in this Administrative Order shall be construed to limit or impair a presiding judge’s authority to grant, deny, or otherwise respond to a request by a person to operate a device capable of taking pictures or capturing sound in a room used for a judicial proceeding.

 

6.                  Nothing in this Administrative Order shall be construed to limit or impair a presiding judge’s authority to exclude any items from the courtroom in order to ensure safety or the orderly administration of justice.

 

7.                  No person may conduct photography or audio or visual recording in any area of the courthouse that is primarily used for ingress to or egress from the interior rooms in the courthouse.  Such rooms include, but not limited to, courtrooms, chambers, conference rooms, offices, and the secure areas adjacent to the courthouse entrances.  A person who conducts photography or audio or visual recording in any area of the courthouse that is primarily used for ingress to or egress from the interior rooms in the courthouse will have the device confiscated by court security and such person may be issued a trespass warning or may be held in contempt of court or both. 

 

8.                  Designated places to conduct interviews may be provided by the court on a case-by-case basis as circumstances permit.  Requests to conduct interviews in a courthouse area should be submitted to the Public Information Officer (PIO) of the Sixth Judicial Circuit as far in advance of the desired date as circumstances permit.

 

9.                  The Sheriff of Pasco County and the Sheriff of Pinellas County shall enforce this Administrative Order by confiscating devices that are being used in violation of paragraph 2 or paragraph 7 above.  The Sheriff does not need to confiscate all devices capable of taking pictures or capturing sound that are simply brought into courthouses or rooms used for judicial proceedings.  Rather such devices shall be confiscated when:

 

a.       the device is being operated without prior approval from the presiding judge in a room where a judicial proceeding is taking place; or

 

b.      the device is being operated to conduct photography or audio or visual recording in an area of the courthouse that is primarily used for ingress to or egress from the interior rooms in the courthouse. 

 

10.              The Chief Judge may delegate his or her authority under Florida Rule of Judicial Administration 2.450 to determine the location and placement of audio systems, microphones, television cameras and equipment, still camera photographers and equipment, light sources, and related technological devices to the presiding judge in order to accomplish the orderly administration of justice.

 

Administrative Order PA/PI-CIR-99-77 is hereby rescinded.

 

 

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida on

 

this ______ day of November 2008. 

 

 

 

_____________________________

  Robert J. Morris, Jr., Chief Judge

 

 

 

 

cc:        All Judges        

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Bob White, Sheriff, Pasco County

The Honorable Jim Coats, Sheriff, Pinellas County

The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

Jackson Flyte, Regional Counsel

Gay Inskeep, Trial Courts Administrator

Carol Heath, Executive Director, Pinellas County Clerk’s Office

Debbie Gay, Assistant Court Services Director Pasco County Clerk’s Office

Bailiff’s Office, Pasco County Sheriff

Court Security Division, Pinellas County Sheriff

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties