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State laws vary regarding the use of audio and video equipment that may be operated during a court hearing. The federal constitution does not specifically preclude the use of video and audio equipment in a court room; this was actually tested in 1981. The U.S. Supreme Court made a ruling that upheld that while there is no requirement to allow recording equipment into a court room, at the same time there is no federal requirement not to allow it. The Supreme Court's ruling meant that every state has now chosen to adopt its own specific rules on the subject. This has resulted in variations of what is allowed and what is not allowed from state to state and for those persons that appear in various courts in various states it means they have to take care to ensure they understand the specific rules applicable. In some states the rules state that audio and video recording in only permitted in appellate court proceedings, while in other states the use of video and audio equipment is permitted in trial and appellate court cases. Additionally, the wording of the state laws pertaining to the use of recording equipment usually means that individual courts within each state can impose their own specific restrictions. This is often employed when it is considered that allowing recording equipment to be used would jeopardize the court hearing. Using the state of Virginia as an example, recording equipment is permitted, but only if the judge presiding over the court case gives permission. However, there are certain types of cases where recording equipment is expressly forbidden. Examples include cases where minors are involved or where the case relates to sexual offenses. The maximum number of video cameras allowed in a Virginia court is two, in addition to one person operating a still camera. However, federal courts in the State of Virginia do not allow recording equipment to be used in the court room. Looking at California, the rules are somewhat different. In most cases the court will grant permission to record a court case, providing an application has been sent to the court at least five days prior to the court hearing commencing. While the court has the right to refuse recording equipment, permission is usually granted. Federal courts in California permit audio and video equipment, subject to obtaining specific permission from the presiding judge or judges. The relevant permission must be obtained at least three days in advance of the hearing. In the state of New York the rules vary slightly again. Recording equipment is permitted providing advance approval by the court has been given. In New York two video cameras are allowed in addition to two still cameras. However, recording equipment is banned in New York trial courts. Federal courts, with the exception of federal district courts, allow video recordings in certain circumstances where it is felt the recording could be useful. However the presiding judge or judges has ultimate power to allow or deny recording equipment to be used. Lawrence Reaves writes for Cook and Wiley, a court reporting firm in Central Virginia that offers court reporting services and video conferencing. For more information about these services and others click here.
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