On May 1, 2023, Indiana’s Judicial Conduct Rule that permits cameras in Indiana courtrooms, at the judge’s discretion, goes into effect. The rule is part of a decades-long effort by Indiana journalists. The rule comes with specific restrictions on what cannot be shown in certain proceedings.
A judge my authorize the broadcasting, televising, recording, digital streaming, or photographing of court proceedings or the courtroom by members of the news media under two conditions: it won’t distract participants or impair the dignity of the proceeding & the broadcasting is restricted to non-confidential proceedings.
The judge presiding over the proceeding, whether it’s a trial, hearing, sentencing, etc., will determine whether to grant or deny a request from the news media, though they could consider any objections by the parties.
No. There is no process for the news media to appeal a judge’s determination on whether to authorize news media to broadcast, televise, record, digital stream or photograph the proceeding or courtroom. The determination is considered final.
Yes. The judge could change their mind about allowing cameras at any point. Also, a judge has discretion to restrict portions of the proceeding from being recorded even if it’s not expressly prohibited in Rule 2.17.
Rule 2.17 does not specify the time period in which judges will consider requests from news media. Each local court could determination how much advance notice is required for the news media to submit requests. For example, Marion County Courts requires news media submit requests at least five (5) business days in advance of the proceeding. Indiana Pro SPJ suggests contacting the court as soon as possible with your request. Also, go ahead and see if it has a preferred deadline.
The Indiana Supreme Court suggests contacting the local court staff directly.
Here is a link to that directory: https://www.in.gov/courts/files/court-directory.pdf
No. Rule 2.17 does specify a type of form or process be used in each court. Also, the same form is not required across the state. It is best to reach out to the local courts in your coverage area and talk with their staff directly about their preferred process. This process may change over time.
Rule 2.17 does specifically list the following limitations to cameras being allowed: proceedings closed to the public; broadcast of minors, juvenile delinquency & CHINS matters; victims of violent offenses, sex offense, and domestic abuse; jurors; attorney-client communications; bench conferences; and materials on counsel tables & judicial bench.
In addition, the judge can restrict any portion of the proceeding from being broadcast. For instance, if the judge only allows the news media to capture audio during testimony, but not video of the witness testifying, talk with the court about a specific place where you could point the camera so you are not filming a witness. Examples: a flag in the courtroom or the court’s seal.
No. Each courthouse across the state is different and layouts can differ from courtroom to courtroom in the same courthouse. It is best to talk with the court staff well in advance of the hearing or trial to determine a location, and then show up early on the day of the event.
It is very likely that judges will request media outlets operate as a pool unit to reduce the number of cameras in a court proceeding. This could be for still and video cameras. We advise media outlets in different markets to start working on this process together. It will be up to you to coordinate this process. Also, with bigger trials, make sure you are communicating across markets as coverage will likely include more media outlets.
Different courts may have different rules about bringing phones or laptops into the courtroom. It is best to check with the court staff ahead of time. Also, some judges may stop a trial if they see someone using their phone during a proceeding if they’re worried the person is taking photos or recording video. Judges have advised us using a laptop may be better for note taking so that there is no confusion. Again, talking with the court staff will help you know what is allowed.
Under Indiana’s shield law (IC 34-46-4-1), a journalist is defined as:
(1) any person connected with, or any person who has been connected with or employed by:
(A) a newspaper or other periodical issued at regular intervals and having a general circulation; or
(B) a recognized press association or wire service;
as a bona fide owner, editorial or reportorial employee, who receives or has received income from legitimate gathering, writing, editing and interpretation of news; and
(2) any person connected with a licensed radio or television station as owner, official, or as an editorial or reportorial employee who receives or has received income from legitimate gathering, writing, editing, interpreting, announcing or broadcasting of news.
You should dress professionally and like you would if you were covering the Statehouse. This means no hats. It is recommended that you wear your media badge or something to identify yourself as a member of the media.