I'm trying to figure out what NewsNation, Law and Crime, Court TV, and Channel 13 WTHR did to get their requests denied. Here are JG's two orders on the issue dated 10/17/2023. I've copied them and broken them into paragraphs for easier reading:
1. Order Issued
The Court has received multiple requests for various legitimate media outlets to record the Court proceedings to be conducted on October 19, 2023, at 2:00 p.m. (These requests are filed in the case with this Order). Pursuant to the Code of Judicial Conduct, Rule 2.17, a judge shall prohibit broadcasting, televising, recording, or taking photographs in the Courtroom.
However, a judge may authorize the broadcasting, televising, recording, digital streaming, or photographing of court proceedings or the Courtroom by members of the news media under certain conditions. (Rule 2.17(3)(a)(b)). News media is defined as persons employed by or representing a newspaper, periodical, press association, radio station, television station, or wire service and covered by I.C. 34-46-4-1. All of the submitted requests meet this definition.
Counsel for the State and the defense have been provided with these requests, and both have previously submitted pleadings stating their positions on cameras in the Courtroom. (See defense Motion for Broadcasting Order, filed September 13, 2023, and State's Response to Defendant's Motion for Broadcasting Order, filed September 25, 2023). The Court has determined that allowing recording of the October 19, 2023, hearing is permitted provided that the means of recording will not distract the participants or impair the dignity of the proceedings, and the hearing itself is a non-confidential proceeding.
The Court, therefore, authorizes the recording and broadcasting of the hearing set for October 19, 2023. The Court WILL NOT permit photographing or digital streaming of the proceedings. All news media will be required to wear/display identification and to wear appropriate attire. One or two cameras will be authorized for pool coverage of the hearing. Members of the general public are prohibited from broadcasting, recording, or photographing this proceeding.
The Court will prohibit media broadcast during this hearing of attorney-client communications, bench conferences, and materials on counsel tables and the Court's bench. The Court has the sole discretion to interrupt or stop the coverage, or to limit or terminate the recording and broadcast by a news media organization at any time during the proceeding. The Court requests the media to become familiar with I.C. 34-46-4-1 and the Code of Judicial Conduct, Rule 2.17.
2. Order Issued
This case has generated substantial public interest and media attention. In light of this, and on the Court's own motion to ensure the integrity of the proceedings, to protect the Defendant's constitutional rights for due process, to ensure the safety of the parties and the public, and to permit public access to criminal proceedings, the Court sets forth the following rules and guidelines for the hearing set for Thursday, October 19, 2023, in the Allen Superior Court.
The Courthouse will open at 8:00 a.m. All entrances are closed, except for the entrance on the east side of the building. The remaining entrances are locked with no access to the public. All members of the public, including members of the media, are subject to screening by metal detectors. All bags in possession of those entering the building are subject to search. NO weapons of any kind are permitted in the building, except for on-duty law enforcement officers providing security to the Courthouse and the parties. Cellular telephones are NOT permitted in the building. Violations are subject to seizure and destruction of the cellular telephone. No electronic equipment or devices are permitted in the Allen County Courthouse. This includes electronic watches.
Media personnel are permitted to attend the Court session. One or two cameras providing pool coverage will be permitted in the Court session. No still photography or other recording will be permitted. No other media equipment will be permitted in the Courthouse. The Court requests the media be mindful that other County offices are conducting business in the building unrelated to this case. Media and members of the public are ordered to conduct themselves in such a fashion as to limit disruption to the offices, personnel, and patrons of those offices. The Media are free to use the public areas outside the Courthouse as long as they do not obstruct traffic in the streets and sidewalks surrounding the Courthouse.
Public seating in the Allen Superior Courtroom One is limited to 90 spectators. The Sheriff of Allen County or his designee will ensure that the victim representatives are seated and that the defendant's family is seated. The first two rows of public seating in the south side of the Coutroom will be reserved for the State, the State's staff, victims representatives, and State designees. The first two rows of public seating in the north side of the Courtroom will be reserved for the defense staff, defense family, and defense designees. The remaining seating is available until full. No one, other than Court Security and law enforcement, will be permitted to stand in the Courtroom. No food or beverages are permitted inside Allen Superior Court. Water will be permitted for the parties in the well of the Courtroom. All members of the public and the media are required to follow directives of the Sheriff of Carroll County, the Sheriff of Allen County, Courthouse Security, and Courtroom Security.
NO court-produced recording will be made available to the public or media. The audio record made pursuant to Indiana Criminal Rule 5 may not be copied or used for purposes other than perpetuating the record. At the conclusion of the scheduled hearing, all members of the public and media will remain seated in the courtroom until Court Security releases them. The Court anticipates that all members of the public and the media will conduct themselves in an appropriate fashion. Any violation of this Order and any conduct the Court finds disruptive of the proceedings may result in an order of temporary or permanent exclusion from the Courtroom and/or Courthouse and is punishable as contempt of Court.
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