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US S410

US S410
Sunshine in the Courtroom Act of 2011


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

112th Congress

Bill Summary

Sunshine in the Courtroom Act of 2011 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request. Allows a presiding judge to obscure the face and voice of an individual if good cause is shown that photographing, electronic recording, broadcasting, or televising such features would threaten the individual's safety, the court's security, the integrity of future or ongoing law enforcement operations, or the interest of justice. Prohibits a presiding judge from permitting the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. Terminates a district court's authority under this Act three years after enactment of this Act. Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act. Requires the Judicial Conference to promulgate mandatory guidelines which a presiding judge must follow for obscuring certain vulnerable witnesses. Prohibits any audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, co-counsel of a client, adverse counsel, or counsel and the presiding judge, if the conferences are not part of the official record of the proceedings.

AI Summary

This bill, the Sunshine in the Courtroom Act of 2011, would allow judges in U.S. appellate and district courts to permit cameras and broadcasting of court proceedings, provided it doesn't violate anyone's due process rights. It also gives judges the discretion to obscure the faces and voices of witnesses, especially vulnerable ones like crime victims or minors, to protect their safety or the integrity of law enforcement, and requires judges to inform witnesses of this right. Importantly, the bill explicitly prohibits the filming or broadcasting of any jurors or the jury selection process. The authority granted to district courts under this act would expire three years after enactment, and the Judicial Conference of the United States would be responsible for creating both advisory guidelines for judges on managing media coverage and mandatory guidelines for protecting vulnerable witnesses. Finally, the bill prohibits the audio recording or broadcasting of private conferences between attorneys and their clients, co-counsel, adverse counsel, or with the judge if these discussions are not part of the official court record.

Committee Categories

Justice

Sponsors (8)

Last Action

Committee on the Judiciary Subcommittee on Administrative Oversight and the Courts. Hearings held. (on 12/06/2011)

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