CACB — Prohibition on Broadcasting, Televising, Recording, and Photographing Bankruptcy Court Proceedings, Including Hearings Conducted by Remote Transmission

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2022-01.pdf

1 2 3 SEPT 08 2022 4 5 6 7 8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 IN RE: PROHIBITION ON BROADCASTING, TELEVISING, 12 RECORDING, AND PHOTOGRAPHING GENERAL ORDER 22-01 BANKRUPTCY COURT PROCEEDINGS,13 INCLUDING HEARINGS CONDUCTED 14 BY REMOTE TRANSMISSION 15 16 17 WHEREAS: 18 1. The Judicial Conference of the United States is the governing body 19 of the United States Courts with respect to the policies of administration 20 of justice in the federal courts. 21 2. The policy of the Judicial Conference of the United States does not allow 22 either civil or criminal courtroom proceedings in the federal courts to be 23 broadcast, televised, recorded, or photographed for the purpose of public 24 dissemination. 25 3. This policy is applicable to all United States district and appellate courts, 26 including bankruptcy courts, which are units of the district courts. 27 4. Except with respect to ceremonial proceedings and appellate proceedings, 28 the Judicial Conference policy does not authorize the contemporaneous

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1 photographing, recording, or broadcasting of proceedings from the courtroom 2 to the public beyond the courthouse walls. 3 5. Following a three-year experiment with cameras in the courtroom, the Judicial 4 Conference concluded that the intimidating effect of cameras on some 5 witnesses and jurors was cause for concern. The Judicial Conference in its 6 last official policy pronouncement stated that it remains of the view that it is 7 not appropriate to allow non-ceremonial court proceedings to be the subject 8 of media broadcasting. Accordingly, the Judicial Conference policy remains 9 unchanged and does not permit the taking of photographs, or radio 10 or television coverage of court proceedings in the United States courts, 11 including the bankruptcy courts. 12 6. Pursuant to the Judicial Conference policy, the United States Bankruptcy 13 Court for the Central District of California has adopted Local Bankruptcy 14 Rule 5073-1, which generally provides that “when the court is in session, 15 the use of any form, means, or manner of radio or television broadcasting 16 and the taking or making of photographs, motion pictures, video, or sound 17 recordings is prohibited in: (1) any and all courtrooms occupied by any judge; 18 (2) any and all chambers assigned to any judge; (3) any and all areas 19 used by the clerk and court staff; (4) any garage or parking facility reserved 20 for the judges or their staff; and (5) all hallways and public areas adjacent 21 to the above-specified locations.” 22 7. During the public health emergency from the COVID-19 pandemic the 23 Judicial Conference has allowed federal courts to conduct court hearings 24 by remote transmission through videoconferencing and telephone 25 conferencing. Nevertheless, the existing Judicial Conference policy 26 prohibiting federal court proceedings from being broadcast, televised, 27 recorded, or photographed for the purpose of public dissemination remain 28 in effect.

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1 8. The United States Bankruptcy Court for the Central District of California 2 during the COVID-19 pandemic public health emergency, has authorized 3 and has conducted hearings before the Court by remote transmission 4 through videoconferencing and telephone conferencing, and has permitted 5 hearing participants to appear by remote means as set forth in General Order 6 21-05 and preceding general orders. 7 9. Local Bankruptcy Rule 5073-1, however, does not expressly refer to 8 hearings before the United States Bankruptcy Court for the Central District 9 of California conducted by remote transmission, and therefore, the Court 10 deems it necessary to adopt this General Order to reconcile General Order 11 21-05 with Local Rule 5073-1, to effectuate the policy of the Judicial 12 Conference and to give fair notice to all litigants before the court and the 13 public. Consequently, 14 IT IS HEREBY ORDERED: 15 Photographing, recording, broadcasting, or televising any part of any court 16 proceeding before the United States Bankruptcy Court for the Central District of 17 California from a location outside its courthouses is prohibited, including in conjunction 18 with any appearance made by telephone or videoconference. 19 20 DATED: September 8, 2022 21 22 23 THEODOR C. ALBERT Chief Judge 24 United States Bankruptcy Court 25 26 27 28

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