Ejemplo de la problemática legislativa existente: El caso del Orihuela

These procedures are adopted by the Court for the protection of all parties to ensure the secure and efficient handling of cases and events in all courtrooms of the Superior Court for Contra Costa County and related facilities including all buildings containing courtrooms. No filming, photography or electronic recording is permitted in the courthouses except as permitted in the courthouse or the courtroom consistent with California Rule of Court 1.150 and this rule. Violation of this rule may result in termination of media coverage, removal of equipment, contempt of court proceedings, or monetary sanctions as provided by law.

A. Requests for Coverage.

Requests for any type of video, still photography, or audio coverage, including pool cameras, must be made in compliance with California Rule of Court 1.150(e)(1), and submitted to the judicial officer assigned to hear the case on Judicial Council form MC-500, “Media Request to Photograph, Record, or Broadcast,” accompanied by form MC-510, “Order on Media Request to Permit Coverage.” For such requests that do not involve a courtroom, they must be submitted to the Presiding Judge on the same forms. B. Limitation on Coverage.

The following limitations apply, unless an exception is expressly permitted by written judicial order or as permitted by paragraph E of this rule.

1. Videotaping, photographing, or electronic recording by the media and/or the general public is not permitted in any part of the courthouse, including but not limited to lobby areas, halls, stairs, elevators, clerks’ windows, or meeting rooms.

2. Videotaping, photographic equipment, and electronic recording devices must be turned off while transporting them in any area of the Court.

4. Any photography of the interior of a courtroom through glass door windows or from between the two sets of doors to a courtroom is prohibited, even if an exception is granted for courthouse areas outside of the courtroom.

5. When audio and/or video recording is not permitted by the judicial officer assigned to hear a case, electronic recording devices may be taken into the courtroom, only if they are not turned on and remain inside an enclosed case, bag or other container, unless otherwise prohibited by the judicial officer assigned to the case.

C. Prohibited Coverage.

In no event will coverage be allowed as to any of the following: [see California Rule or Court 1.150(e)(6)]

1. A proceeding closed to the public (e.g. juvenile cases); 2. Jurors or spectators;

3. Jury selection;

4. Conferences between an attorney and client, witness, or aide; 5. Conferences between attorneys;

6. Conferences between counsel and a judicial officer at the bench (“sidebars”); or 7. Proceedings held in chambers.

D. Parking Limitations for Media Transmission Vehicles.

No media vehicles may be parked in an unauthorized place in the courthouse environs except with permission of the Presiding Judge. If at any time any vehicle is parked improperly, without such permission, the order permitting photographic and/or electronic coverage, in regard to the operator of that vehicle, may be revoked without further hearing. E. Areas in Court Facilities Where Media Activities Are Authorized.

Photos, news conferences, and on-camera statements to members of the media or the general public are allowed only in areas specified for that purpose. The following areas are allowed unless otherwise ordered by the Presiding Judge. Requests for exceptions must be made to the Presiding Judge.

1. Wakefield Taylor Courthouse [725 Court Street, Martinez]. Front steps and sidewalk area so long as ingress or egress through the related doorways is not interfered with.

2. A. F. Bray Courthouse [1020 Ward Street, Martinez]. Front entryway and sidewalk area so long as ingress or egress to the exterior entrance to the courthouse is not interfered with.

3. A. F. Bray Courthouse - Court Annex [entrance southeast of entry to courthouse]. Exterior entry to courtrooms or jail so long as ingress or egress to the exterior entrance to the courthouse is not interfered with.

4. Peter Spinetta Family Law Center [751 Pine Street, Martinez]. Front plaza and outside stairs so long as ingress or egress to the exterior entrance to the courthouse is not interfered with.

5. Concord Superior Court [2970 Willow Pass Road, Concord]. Sidewalk area on west side of building.

6. Richard E. Arnason Justice Center [1000 Center Drive, Pittsburg]. Area outside front foyer so long as ingress or egress is not interfered with.

7. George D. Carroll Courthouse [100 37th Street, Richmond]. Courtyard in front of entrance to courthouse as long as entry/exit doors are not blocked in any way. [Access to adjacent County Health Building also may not be blocked or impacted in any way.]

8. Walnut Creek Superior Court [640 Ygnacio Valley Road, Walnut Creek]. Southside sidewalk area to the west of the entry doors.

As used herein “ingress and egress” availability shall mean that a person or persons entering or leaving the courthouse can pass by easily maintaining a distance of at least five feet between himself or herself and the media, interviewee, and any spectators to the media interview or conference.

F. Unless otherwise specifically prohibited by a judicial officer, video recording and still photography are allowed for non-adversarial proceedings such as weddings or adoptions.