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Current as of January 01, 2024 | Updated by Findlaw Staff
The following rules govern the recording, broadcasting, or photographing of persons, objects, and proceedings in the District Courts of Hays County and their Associate Judges and Magistrates.
7.1. Definitions
(a) “Courtroom” means both in-person and virtual courtrooms.
(b) “Court” means the particular Judge or Associate Judge before whom the proceeding will be held.
(c) “Recording, Broadcasting, or Photographing” means any visual or audio recording, broadcasting, or photographing by any equipment, any means, and any individual or entity.
7.2. Recording, Broadcasting, or Photographing Inside a Courtroom Is Not Permitted by Anyone, Absent Court Approval. The recording, broadcasting, or photographing of any person, object, or proceeding inside the courtroom is not permitted unless expressly authorized by the Court prior to recording, broadcasting or photographing. Any individual or entity who violates this rule may be subject to punishment by contempt and/or being removed from the courtroom and the Hays County Government Center.
7.3. When Recording, Broadcasting, or Photographing Permitted
(a) Investiture, Ceremonial, or Adoption Proceedings. If the recording, broadcasting, or photographing is of investiture, a ceremonial or adoption proceeding, permission and the manner of recording, broadcasting or photographing are determined solely by the Court, with or without guidance from this rule. If the recording, broadcasting, or photographing is desired for other than investiture, a ceremonial or adoption proceeding, the provisions of this rule governs.
(b) Trials or Other Court Proceedings. A person wishing to record, broadcast, or photograph any person, object, or proceeding in a physical or virtual courtroom must seek permission with the bailiff in charge of the Court or the office of the District Court Administrator, who will convey the request to the Judge. The requestor should be prepared to provide the following information:
(i) The case style and cause number;
(ii) The date and time when the proceeding is to begin;
(iii) The name of the requesting individual or entity;
(iv) The type of recording, broadcasting, or photographing; and
(v) The type and extent of equipment to be used.
Failure to provide the above information will constitute sufficient grounds to deny the request.
In determining a request, the Court will consider all relevant factors, including but not limited to:
(i) The type of case involved;
(ii) Whether the recording, broadcasting, or photographing would cause harm to any participants;
(iii) Whether the recording, broadcasting, or photographing would interfere with the fair administration of justice, advancement of a fair trial, or the rights of the parties;
(iv) Whether the recording, broadcasting, or photographing would interfere with any law enforcement activity;
(v) The objections of any of the parties, prospective witnesses, victims, or other participants in the proceeding;
(vi) The physical structure of the courtroom and the likelihood that any equipment required for recording, broadcasting, or photographing proceedings can be installed and operated without disturbance to those proceedings or any other proceedings in the Hays County Government Center;
(vii) The extent to which the recording, broadcasting, or photographing would be barred by law in the proceeding; and
(viii) The fact that any party, prospective witness, victim, or other participant in the proceeding is a child, to which fact the Court will give great weight.
If the Court grants the request, the requestor must comply with Rules 7.4 through 7.7. The failure to comply with these rules or any other order of the Court regarding the recording, broadcasting or photographing of proceedings may result in the violator being held in contempt of court.
7.4. Media Coverage Prohibited. Recording, broadcasting, or photographing of proceedings held in chambers, proceedings closed to the public, and jury selection is prohibited. Audio or close-up video or photographic coverage of conferences between an attorney and client, witness, or aide, between attorneys, or between counsel and the Court at the bench is prohibited unless expressly authorized by the Judge.
7.5. Coverage of Jurors Prohibited. Visual recording, broadcasting, or photographing of potential jurors and jurors in the Hays County Government Center is prohibited except when the physical layout of the courtroom makes it impossible to conduct visual recording, broadcasting, or photographing of the proceedings without including the jury, and the Court so finds. In such cases visual recording, broadcasting, or photographing is allowed only if the jury is in the background of some other subject and only if individual jurors are not identifiable.
7.6. Equipment and Personnel. The Court may, among other things:
(a) Require that a person seeking to record, broadcast, or photograph a proceeding demonstrate or display the equipment that will be used;
(b) Prohibit equipment that produces distracting sound or light;
(c) Prohibit signal lights or devices showing when equipment is operating, or require their concealment;
(d) Prohibit moving lights, flash attachments, or sudden light changes;
(e) Require the use of the courtroom's existing video, audio, and lighting systems, if any;
(f) Specify the placement of personnel and equipment;
(g) Determine the amount of equipment to be allowed in the courtroom;
(h) Require pooling of equipment if more than one person wishes to record, broadcast, or photograph a proceeding;
(i) Require that operators not move equipment or enter or leave the courtroom while the Court is in session, or otherwise cause a distraction. All equipment must be in place in advance of the proceeding or session; and
(j) Require that identifying marks, call letters, words and symbols must be concealed on all equipment. Personnel must not display any identifying insignia on their clothing.
7.7. No Delay of Proceedings. No proceeding or session must be delayed or continued for the sole purpose of allowing recording, broadcasting, or photographing, whether because of installation of equipment, obtaining consent, conduct of the proceeding related to the recording, broadcasting, or photographing, or other questions. To assist those preparing in advance for recording, broadcasting, or photographing proceedings, and when requested to do so:
(a) The Court will attempt to make the courtroom available when not in use for the purpose of installing equipment;
(b) Counsel (to the extent they deem their client's rights will not be jeopardized) must make witness lists available; and,
(c) The District Court Administrator on request will inform those requesting to record, broadcast, or photograph proceedings in a particular matter of settings in that matter.
7.8. Live Streaming. An official livestream directed by the Judge of each Court may be permitted pursuant to applicable rules. The Court must use systems and platform established by the Texas Office of Court Administration.
7.9. Official Record. Any product of recording, broadcasting, or photographing of a proceeding pursuant to these rules will not be considered as part of the official court record.
Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 7. Rules Governing the Recording, Broadcasting, or Photographing of Court Proceedings - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-hays-cty-dist-chapter-7/
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