DES MOINES – Wednesday, the Iowa Supreme Court approved amendments to the Iowa Court Rules for Expanded News Media Coverage (ENMC) – the court rules regulating audio and video recording and photography of courtroom procedures. The amendments broaden the court’s definition of news media and allow for live electronic reporting, such as tweeting and blogging, from the courtroom by members of the news media, with advance approval from the presiding judge.
The amendments to Chapter 25 of the Iowa Court Rules and the new forms accompanying chapter 25 are effective May 1, 2014.
The updated rules are the product of a ten-month review by a fifteen-person supreme court advisory committee consisting of Iowa judges, attorneys, and members of the media.
“I am confident the expanded news media coverage rules as amended will continue Iowa’s tradition of openness and transparency of court proceedings and move us closer to Chief Justice Cady’s goal of being the best court system in the nation,” Justice Bruce B. Zager, who chaired the committee, said. “I am confident because of the conscientious way the Expanded News Media Committee approached the challenge of updating our 30-year-old rules in light of the many changes in technology and news gathering techniques reporters use today. The supreme court is very appreciative of the committee’s thoughtful and well researched recommendations.”
The amendments will allow media coverage of initial appearances in criminal cases with approval of the presiding judge. The rules will allow the request for media coverage to be made either in writing or orally to the magistrate or judge presiding over the initial appearance, subject to an oral objection by the prosecutor, defendant, or defendant’s counsel.
The supreme court requested the review because judges and court staff are faced with bloggers, smart phones, and twitter, among other forms of technology that were not specifically addressed in the rules. The EMNC rules were first approved by the supreme court in 1979 and have been only slightly modified since that time.
“These changes in the Expanded News Media Coverage rules usher in a new era in news coverage of Iowa’s courtrooms,” Iowa Freedom of Information Council Executive Director and committee member Kathleen Richardson said. “It’s exciting to see that the state remains on the forefront of embracing technological change to allow Iowans exceptional access to the judicial process.”
Summary of Changes
With the advent of new technology and newsgathering practices members of the news media use, the amendments to chapter 25 of the Iowa Court Rules will allow a more consistent use of expanded news media coverage statewide and continue to allow for judicial discretion in individual cases. The amendments further transparency of the legal process while not disrupting court proceedings or interfering with individual rights. The rules strictly prohibit expanded news media coverage without prior express authorization from the presiding judicial officer.
New Terms and Definitions
25.1(1) “Expanded news media coverage” includes broadcasting, recording, photographing, and live electronic reporting of judicial proceedings by the news media for gathering and disseminating news in any medium. Expanded news media coverage is limited to the news media unless the judicial officer orders otherwise.
25.1(5) “News media” includes any person who regularly gathers, prepares, photographs, records, writes, edits, reports, or publishes news or information about matters of public interest in any medium, and who successfully applies to participate in expanded news media coverage and agrees to comply with all court rules.
“Electronic devices” is broadly defined to include, but not be limited to, laptop computers, cellular telephones, personal digital assistants, smart phones, and tablet computers. Electronic devices not used for recording audio, video, or still images may be used in the courtroom by members of the news media for live electronic reporting with advance approval from the judicial officer, provided the equipment does not make any disruptive noise or interfere with court equipment. Electronic devices may not be used by anyone in the courtroom for telephone calls. Electronic devices may not be used by anyone in the courtroom for photography, video recording, audio recording, or streaming video unless approved by the judicial officer in advance of the proceeding. The rule applies to news media only. Use of such electronic devices by others is prohibited.
“Live electronic reporting” covers tweeting, blogging, and future methods of real time electronic reporting by text. It does not include photography or video. Members of the news media using electronic devises for live reporting also require prior expressed authorization from the judicial officer and must be located in an area the judicial officer designates.
News Media Identification in the Courtroom
25.2(12) Identification. All news media personnel authorized to use electronic devices in the courtroom must wear identification, which is clearly visible to the judicial officer and members of the jury and which states the person’s name and media affiliation.
