When asked by Gizele if the RH's trials could be live-streamed Ray Tierney gave the edited version of the NY Court proceedings that would determine the outcome.
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"Section 131.3 Application for audio-visual coverage."
"d) In determining an application for coverage, the presiding trial judge shall consider all relevant factors, including but not limited to:
(1) the type of case involved;
(2) whether the coverage would cause harm to any participant;
(3) whether the coverage would interfere with the fair administration of justice, the advancement of a fair trial, or the rights of the parties;
(4) whether the coverage would interfere with any law enforcement activity;
(5) whether the proceedings would involve lewd or scandalous matters;
(6) the objections of any of the parties, victims or other participants in the proceeding of which coverage is sought;
(7) the physical structure of the courtroom and the likelihood that any equipment required to conduct coverage of proceedings can be installed and operated without disturbance to those proceedings or any other proceedings in the courthouse; and
(8) the extent to which the coverage would be barred by law in the judicial proceeding of which coverage is sought.
The presiding trial judge also shall consider and give great weight to the fact that any party, victim, or other participant in the proceeding is a child.
(e) Following review of an application for coverage of a judicial proceeding, the presiding trial judge, as soon as practicable, shall issue an order, in writing or on the record in open court, approving such application, in whole or in part, or denying it. Such order shall contain any restrictions imposed by the judge on the audio-visual coverage and shall contain a statement advising the parties that any violation of the order is punishable by contempt pursuant to article 19 of the Judiciary Law. Such order shall be included in the record of such proceedings and, unless it wholly approves the application and no party or victim objected to coverage, it shall state the basis for its determination.
(f) Before denying an application for coverage, the presiding trial judge shall consider whether such coverage properly could be approved with the imposition of special limitations, including but not limited to:
(1) delayed broadcast of the proceedings subject to coverage provided, however, where delayed broadcast is directed, it shall be only for the purpose of assisting the news media to comply with the restrictions on coverage provided by law or by the presiding trial judge; or
(2) modification or prohibition of video or audio-visual coverage of portions of the proceedings.
Historical Note
Sec. filed Dec. 2, 1987 eff. Dec. 1, 1987.
Amended on
Feb 1, 2016, effective March 1, 2016.
cont
