Judicial Seal

Rule Amendments

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IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of the Out-of-Cycle
Adoption of Amendments to the
Uniform Trial Court Rule 3.180
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No. 99-081

ORDER ADOPTING AMENDMENTS TO
UNIFORM TRIAL COURT RULE 3.180

On April 16, 1999, the Uniform Trial Court Rules Committee recommended amendment of the Uniform Trial Court Rule (UTCR) 3.180, a UTCR originally adopted by the Supreme Court and which can be amended only with the consent of the Supreme Court. Upon review and consideration of those recommendations, the Supreme Court adopted amendments to UTCR 3.180 as set out below in this order. The amendments to UTCR 3.180 adopted by this order will take effect August 1, 1999, to correspond with the effective date of other 1999 changes to the UTCR adopted by the Chief Justice.

The adopted amendments to UTCR 3.180 are as shown in the following, material that is in bold and underlined is new language added and material that is [bracketed and in italics] is existing language that is to be deleted from UTCR 3.180:

3.180 MEDIA OR OTHER PUBLIC ACCESS COVERAGE OF COURT EVENTS

(1) Courtrooms. Upon request or on the court's own motion, after notice to all parties, public access coverage shall be allowed in any courtroom, except as provided under this rule. [Except as authorized under this rule:]

[(2) As used in this rule:

[(3) Upon request or on the court's own motion, after notice to all parties, a judge may allow, in the following places, public access coverage that accords with this rule:

(2) There shall be no public access coverage of the following:

(3) [(4)] Limitations on Denial of Public Access Coverage in Courtrooms. A judge [has discretion to] may deny a request for or terminate public access coverage only if the judge makes findings of fact on the record setting forth substantial reasons for the denial. The judge [shall not allow] may prohibit public access coverage if there is a reasonable likelihood of any of the following:

[(5) Under this rule, there shall be no public access coverage of any of the following:

[(6) Each witness must be advised by the attorney or party who intends to call that witness in advance of giving testimony when public access coverage will be allowed during the proceeding. If a witness requests the witness's testimony not be subject to public access coverage, the court may summarily deny public access coverage of the testimony if the judge finds any of the following:

(4) A judge may summarily prohibit public access coverage of a particular witness only if the judge finds on the record that public access coverage would endanger the welfare of the witness or materially hamper the witness' testimony.

(5) Areas Outside of Courtrooms. The presiding judge may allow public access coverage in any area outside the courtroom that is on the courthouse premises and under the control and supervision of the court. Courts are encouraged to designate an area or areas outside the courtroom that is on the courthouse premises for public access coverage. For areas subject to this subsection, each judicial district, by SLR, may establish, for any court location, procedures for obtaining permission for public access coverage that differ from this subsection or may designate locations where public access coverage is allowed or prohibited. SLR 3.181 is reserved for SLR adopted under this subsection.

(6) Public Access Coverage Defined. As used in this rule:

(7) Equipment and Personnel for Public Access Coverage. The court may limit the location of public access coverage equipment. One pool video camera and one pool still camera and one pool tape recorder shall be permitted.

(8) Upon request, any person engaging in public access coverage of a court event or in a courtroom, courthouse, its premises, or environs under the control and supervision of the court must provide to the court, without expense, or to any other person, if the requestor pays actual copying expense, a copy of any public access coverage the person performed.

(9) [In authorizing public access coverage, if based on substantial reasons in the record,] A judge may impose other restrictions or limitations necessary to preserve the solemnity, decorum, and dignity of the court and to protect the parties, witnesses, and jurors. A judge may terminate any or all public access coverage at any point upon finding, based on substantial reasons in the record, that this UTCR or other rules imposed by the judge have been violated. [:]

(10) Nothing in this rule is intended to limit the court's contempt powers.

(11) [(10)] Nothing in this rule shall alter or affect the rules of the Supreme Court promulgated under "Video-Trial Project No. 88-38." Under that project, the audio-video coverage constitutes the entire record. In all other courts, the record shall be preserved with court reporters or audiotape. Restrictions on releasing audio-video coverage in courts participating in the Video-Trial Project shall be set forth in separate rules.

As amended by this order, UTCR 3.180 will read as follows:

3.180 MEDIA OR OTHER PUBLIC ACCESS COVERAGE OF COURT EVENTS

(1) Courtrooms. Upon request or on the court's own motion, after notice to all parties, public access coverage shall be allowed in any courtroom, except as provided under this rule.

(2) There shall be no public access coverage of the following:

(3) Limitations on Denial of Public Access Coverage in Courtrooms. A judge may deny a request for or terminate public access coverage only if the judge makes findings of fact on the record setting forth substantial reasons for the denial. The judge may prohibit public access coverage if there is a reasonable likelihood of any of the following:

(4) A judge may summarily prohibit public access coverage of a particular witness only if the judge finds on the record that public access coverage would endanger the welfare of the witness or materially hamper the witness' testimony.

(5) Areas Outside of Courtrooms. The presiding judge may allow public access coverage in any area outside the courtroom that is on the courthouse premises and under the control and supervision of the court. Courts are encouraged to designate an area or areas outside the courtroom that is on the courthouse premises for public access coverage. For areas subject to this subsection, each judicial district, by SLR, may establish, for any court location, procedures for obtaining permission for public access coverage that differ from this subsection or may designate locations where public access coverage is allowed or prohibited. SLR 3.181 is reserved for SLR adopted under this subsection.

(6) Public Access Coverage Defined. As used in this rule:

(7) Equipment and Personnel for Public Access Coverage. The court may limit the location of public access coverage equipment. One pool video camera and one pool still camera and one pool tape recorder shall be permitted.

(8) Upon request, any person engaging in public access coverage of a court event or in a courtroom, courthouse, its premises, or environs under the control and supervision of the court must provide to the court, without expense, or to any other person, if the requestor pays actual copying expense, a copy of any public access coverage the person performed.

(9) A judge may impose other restrictions or limitations necessary to preserve the solemnity, decorum, and dignity of the court and to protect the parties, witnesses, and jurors. A judge may terminate any or all public access coverage at any point upon finding, based on substantial reasons in the record, that this UTCR or other rules imposed by the judge have been violated.

(10) Nothing in this rule is intended to limit the court's contempt powers.

(11) Nothing in this rule shall alter or affect the rules of the Supreme Court promulgated under "Video-Trial Project No. 88-38." Under that project, the audio-video coverage constitutes the entire record. In all other courts, the record shall be preserved with court reporters or audiotape. Restrictions on releasing audio-video coverage in courts participating in the Video-Trial Project shall be set forth in separate rules.

Dated this 15th day of July, 1999.

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