Merced — General Order - Photography & Filming

Source: https://www.merced.courts.ca.gov/system/files/general/general-order-photography-filming-ada-comp.pdf

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF MERCED

3 GENERAL ORDER OF THE PRESIDING JUDGE IN RE: PHOTOGRAPHY, FILMING, 4 RECORDING, AND BROADCASTING

5 6 The purpose of this General Order is to protect all persons with business in the 7 courthouses and court facilities of the Superior Court of California, County of Merced; to ensure 8 the safe, secure, and orderly conduct of hearings, trials, and other court proceedings; facilitate th 9 safe, secure, and efficient handling of court business; and to ensure the right to public access 10 without undue interference or delay. 11 This General Order is made pursuant to California Rules of Court, rule 10.603, which 12 vests in the Presiding Judge the authority to establish court policies, and rule 1.150, which 13 governs media coverage within the courthouse and court facilities. 14 WHEREFORE, it is ordered: 15 I. DEFINITIONS 16 A. For the purpose of this General Order, the term, "Court" refers to the Superior Court 17 of California, County of Merced. 18 B. "Media" or "media agency" and "media coverage" are defined pursuant to California 19 Rules of Court, rule 1.150. 20 1. "Media" and "media agency" shall mean any person or organization engaging 21 in news gathering or reporting and includes any newspaper, radio, or 22 television station or network, news service, magazine, trade paper, in-house 23 publication, professional journal, or other news-reporting or news-gathering 24 agency. 25 2. "Media coverage" shall mean any photographing, recording, or broadcasting 26 of court proceedings by the media using television, radio, photographic, or 27 recording equipment.

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General Order: Photography, Filming, Recording, and Broadcasting

1 C. "Courthouse" shall mean any building containing at least one (1) courtroom. It shall 2 also mean that portion of a multi-purpose commercial or private building that 3 contains at least one (1) courtroom. 4 D. "Court facility" shall mean any building, or that portion of a multi-purpose 5 commercial or private building, where official court business is conducted. 6 II. PROHIBITIONS 7 A. Absent prior written authorization of the Presiding Judge or their designee, there shall 8 be no photographing, recording, or broadcasting by the media, attorneys, parties, or 9 members of the public within any of its courthouses and/or court facilities, including 10 but not limited to courtrooms, jury assembly rooms, entrances and exits, lobby areas, 11 hallways, stairs, elevators, and business offices except: 12 1. Media and media agencies as permitted within a courtroom by a judicial 13 officer pursuant to California Rules of Court, rule 1.150, and those areas that 14 may be specifically designated by the Court as media areas. 15 2. This order is not intended to restrict the ability to photograph, film, or 16 broadcast from outside of any courthouse or court facility, provided such 17 activity does not obstruct access to or from the courthouse or court facility. 18 B. Videotaping, photography, and electronic recording devices must be turned off while 19 they are transported within any courthouse, court facility, or courtroom. 20 C. Videotaping, photography, and electronic recording of the interior of any courthouse, 21 court facility, or courtroom through the windows or doors of any courthouse, court 22 facility, or courtroom is prohibited. 23 D. Jurors may not be videotaped, photographed, or electronically recorded within a 24 courthouse, court facility, or courtroom at any time. Videotaping, photography, and 25 electronic recording of any consenting juror may only take place outside of the 26 courthouse, court facility, and courtroom unless otherwise permitted by court order.

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General Order: Photography, Filming, Recording, and Broadcasting

1 E. Videotaping, photography, and electronic recording of any consenting spectator or 2 other member of the public may only take place outside of the courthouse, court 3 facility, and courtroom unless otherwise permitted by court order. 4 F. Judicial officers of the Superior Court of California for the County of Merced may 5 not be videotaped, photographed, or electronically recorded within a courthouse, 6 court facility, or courtroom without a court order. 7 G. Employees of the Superior Court of California for the County of Merced may not be 8 videotaped, photographed, or electronically recorded within a courthouse, court 9 facility, or courtroom. 10 H. Cell phones or other camera-enabled devices and devices that capture digital images, 11 such as watches, PDAs, tablets, iPads, and iPods, may be brought into a courthouse, 12 court facility, or courtroom, as long as the image capturing features are not activated, 13 used, or displayed without the prior written authorization of the Court. 14 III. EXCEPTIONS 15 A. This General Order is not intended to interfere with or restrict the rights of the media 16 to request permission from a judicial officer to allow media coverage within a 17 particular courtroom, nor to interfere with the authority of each judicial officer to rule 18 on requests pursuant to California Rules of Court, rule 1.150. 19 B. Requests for any other exception to this General Order must be submitted to the Cou 20 Executive Officer for the consideration of the Presiding Judge or their designee. All 21 such requests shall be made in writing and shall include a statement of facts in 22 support of the request. 23 C. Requests to photograph or film unoccupied or unused courtrooms, jury rooms, or 24 employee work areas must be submitted to the Court Executive Officer. All such 25 requests shall be made in writing and shall include a statement of facts in support of 26 the request.

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General Order: Photography, Filming, Recording, and Broadcasting

1 IV. SEVERABILITY 2 Should any provision of this General Order be held invalid, the validity of the other 3 provisions of this General Order shall not be affected. 4 V. NOTICE 5 It is ordered that this General Order shall be posted at each public entrance to a 6 courthouse and on the Court's webpage. The Sheriff of Merced County and their deputies are 7 directed to serve a copy of this General Order on any person or organization who appears to be i 8 violation thereof, to advise the person or organization of the apparent violation, and to 9 immediately notify Court Executive Officer and Presiding Judge to determine what, if any, 10 action should be taken to address the apparent violation of court order. 11 VI. PENALTIES 12 A. A violation of this General Order may be the basis for an Order terminating further 13 media coverage; a citation for contempt; confiscation of recording equipment, 14 including but not limited to, cell phones, tablets or other camera-enabled devices, and 15 other devices that capture digital images; and/or an order imposing monetary or other 16 sanctions. 17 B. A violation of this General Order may also result in imprisonment in the county jail 18 for up to six months, or by a fine of up to $1,000, or by both, pursuant to Penal Code 19 section 166(a)(4).

20 21 This order is effective immediately. 22

23 24 Date: 06/14/2021

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26 HON. DONALD J. PROIETTI 27 Presiding Judge of the Superior Court

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General Order: Photography, Filming, Recording, and Broadcasting