The Second Judicial District Court welcomes and supports media coverage of proceedings in the Courthouse.

Rule 23-107 NMRA authorizes the broadcasting, televising, photographing, and recording of court proceedings. The Rule gives judges the discretionary authority to promote decorum, to prevent distractions and to ensure the fair administration of justice. Reasonable safeguards ensure that this coverage does not detract from the dignity of the proceedings or otherwise interfere with a fair and impartial hearing. Consistent with Rule 23-107 NMRA, and the Court’s inherent authority to ensure the safety and security of court employees and the public, the Second Judicial District Court is establishing reasonable safeguards for broadcasting, televising, photographing, and recording in all areas within the Courthouse.

Members of the media seeking to broadcast, televise, photograph or record within the Second Judicial District Courthouse must notify Court Administration at 505-841-7425 either twenty-four (24) hours, or as soon as practicable, in advance of coverage.  Court Administration will coordinate the request with the judge and other court personnel. Court Security will not allow broadcasting, televising, photographing and recording devices into the courthouse without prior notice. It is the responsibility of Court personnel to ensure the safety of court employees and the public and to make sure that the public access ways remain unimpeded.

For specific information about court records and hearings, or interviews with the Court, please contact SJDC Administration at 505-841-7425.

Thank you.

Please note these important guidelines when filming or taking photos within the Courthouse.

• Do not film or take photos of jurors or prospective jurors at any time or in any area of the Courthouse.
• Do not film or take photos of faces of juvenile defendants in Children’s Court.
• Do not record audio of bench conferences.  Any microphones that are positioned beyond the rail must be turned off during bench conferences.
• Do not set up or take down equipment until a recess.
• Do not go in front of or take your equipment in front of the rail.
• Do follow all rules set forth by the judge in the courtroom, including any rules prohibiting filming or photographing certain witnesses.
• Do set up all equipment 15 minutes before the start of a proceeding.
• Do tape wires or cables securely to the floor.
• Do be aware of images that are being captured.  For example, a tight shot of a defendant may show graphic images of evidence on a nearby computer monitor in the background.
• Do dress appropriately for a courthouse setting:
  • No shorts, T-shirts, sweatshirts, hats, sunglasses or flip-flops.
• Do use only natural light for video and still photography.
• Do coordinate with the Court administration and the Judge’s bailiff on permissible locations for a TV camera and any microphones, the use of social media (Twitter, etc.), the use of laptops or texting during proceedings and any live coverage including an internet stream.
• Do limit movement in the Courtroom.  Still photographers must remain seated in the same location but may relocate during a recess.
• Do minimize distractions and wait for a recess before switching out tapes, connecting cables, unpacking or storing gear or performing other noisy activities.
• Do use a noise-reduction device, if possible.
• Only one TV camera and two still cameras are permitted in a courtroom.  Although the Court administration may facilitate, journalists are ultimately responsible for organizing and complying with pool agreements.

Note: These guidelines were developed by the Second Judicial District Court consistent with Supreme Court Rule 23-107, which governs broadcasting, televising, photographing and recording of proceedings.  Pursuant to Rule 23-107(A)(1), all news media coverage is subject at all times to the authority of the Judge.  Please comply with all directives issued by the Judge.

NMRA 23-107. Broadcasting, televising, photographing and recording of court proceedings; guidelines.

The broadcasting, televising, photographing and recording of court proceedings in the Supreme Court, Court of Appeals, district and metropolitan courts of the State of New Mexico are hereby authorized in accordance with the guidelines promulgated herewith which contain safeguards to ensure that this type of media coverage shall not detract from the dignity of the court proceedings or otherwise interfere with the achievement of a fair and impartial hearing.

GUIDELINES:

A.   Discretion of judges.  Live coverage of proceedings shall not be limited by the objection of counsel or parties, except that the court reserves to the individual courts the right to limit or deny coverage for good cause.

(1)   Media coverage in the courts is subject at all times to the authority of the judge or judges to: (a) control the conduct of the proceedings before the court; (b) ensure decorum and prevent distractions; and (c) ensure fair administration of justice in the pending cause.

(2)   The presiding district judge has sole and plenary discretion to exclude coverage of certain witnesses, including but not limited to the victims of sex crimes and their families, police informants, undercover agents, relocated witnesses and juveniles.

(3)   Neither the jury nor any member of the jury may be filmed in or near the courtroom, nor shall the jury selection process be filmed.

(4)   The judge has discretionary power to forbid coverage whenever the judge is satisfied that coverage may have a deleterious effect on the paramount right of the defendant to a fair trial.

(5)   Audio pickup, broadcast or recording of a tender of evidence offered by a party for the purpose of determining admissibility made before the judge out of the hearing of the jury is not permitted.

(6)   Audio pickup, broadcast, photography, televising or recording of a conference in the courtroom between members of the court, court and counsel, co-counsel or counsel and client is not permitted.

B.   Notice.  The broadcasters, photographers and recorders shall notify the clerk of the particular court at least twenty-four (24) hours in advance of coverage of their desire to cover the trial. Each trial judge may, in the judge’s discretion, lengthen or shorten the time for advance notice for coverage of a particular trial.

C.   Decorum.  The decorum and dignity of the court, the courtroom and the proceedings must be maintained at all times.  Court customs must be followed, including appropriate attire.  Movement in the courtroom shall be limited, except during breaks or recess.  The changing of tapes, film magazines, film and similar actions during the proceedings shall be avoided.

D.   Standards.  The media shall maintain high journalistic standards regarding the fairness, objectivity and quality of the coverage allowed under these guidelines.

E.   Equipment and personnel.  Unless otherwise agreed upon by the court, equipment and personnel within the courtroom or hearing room shall be limited as follows:

(1)   All equipment shall be operated behind the rail.

(2)   Not more than one portable television camera operated by not more than one camera person shall be permitted.  Only natural lighting shall be used.  Cameras shall be quiet and shall be placed and operated as unobtrusively as possible within the courtroom at a location approved by the court.  The cameras shall be in place at least fifteen (15) minutes before the proceedings begin.

(3)   Not more than two audio systems shall be permitted.  All running wires shall be securely taped to the floor.  Multiple radio feeds shall be provided by a junction box.

(4)   Not more than two still photographers, utilizing not more than one still camera each, shall be permitted.  The cameras must not produce any distracting sounds.  Only natural lighting shall be used.  Still photographers shall remain in one place during the proceedings, but they may shift positions during breaks or recess.

(5)   Tape recorders may be used by members of the media, so long as they do not constitute a distraction during the proceedings.

(6)   Any pooling arrangements necessary shall be the sole responsibility of the media and must be concluded prior to coverage without calling upon the court to mediate any dispute regarding appropriate media and personnel.

F.   Inapplicability to individuals.  The privileges granted by these rules may be exercised only by persons or organizations that are part of the news media.

G.   Objections limited.

(1)   An appellate court shall not exercise its appellate or supervisory jurisdiction to review at the request of any news media persons or organization seeking to exercise a privilege conferred upon them by these rules, any order or ruling of any judge under these rules.

(2)   Any party may request, or object to, cameras in the courtroom by written motion, which may be supported by affidavits, which motion shall be filed not later than fifteen (15) days prior to trial.  No other evidence shall be presented.

The trial court shall consider the motion and grant or deny the same.  The trial judge shall state the judge’s reasons for the judge’s ruling on the record.

H.   Impermissible use of media material.  None of the film, videotape, still photographs or audio reproductions developed during or by virtue of coverage of a judicial proceeding shall be admissible as evidence in the proceeding out of which it arose, any proceeding subsequent or collateral thereto, or upon any retrial or appeal of such proceeding.

I.   Other courts.  The broadcasting, televising, photographing and recording of court proceedings in courts other than the appellate, district and metropolitan courts of New Mexico is prohibited.

[As amended, effective September 1, 1989; August 17, 1999.]