R. Ele. & Photo. Cov. Jud. Proc. 10
Rule 10 , providing for expiration of the Rules for Electronic and Photographic Coverage of Judicial Proceedings on December 31, 2004 was repealed effective December 9, 2004.
R. Ele. & Photo. Cov. Jud. Proc. 10
Comment
Section 3 B(12) of the Code of Judicial Conduct prohibits broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto except as authorized by rule or order of the Supreme Court. Also, Rule 1.04 of the Uniform Rules of Circuit and County Court allows cameras only "in accordance with the Code of Judicial Conduct." Thus, electronic coverage is allowed only for special purposes authorized in Section 3B(12), or under these Rules for Electronic and Photographic Coverage of Judicial Proceedings (MREPC.)
The MREPC recognize that the use of cameras, television, broadcast, and other electronic media to cover court proceedings presents special considerations unique to their use. In addressing these considerations, the rule recognizes both that in certain public proceedings such coverage can be intimidating and unnecessarily intrusive into the lives of citizens, even where there is no expectation of privacy, and that these special logistical problems are attendant to the use of new technologies.
In MREPC 2(b), "electronic media coverage" and "electronic coverage" are defined to include the use of still cameras.
The MREPC neither limit nor expand the authority of law for general closing of proceedings, the general exclusion of the public and the media from the courtroom, or the sealing of documents. These broader limitations on public access areas are addressed in the Constitution and statutes of the state as well as the decisions of the courts. Article 3, Section 26 of the Mississippi Constitution provides that the court may in certain specified cases, in its discretion, exclude from the courtroom all persons except such as are necessary in the conduct of the trial. Examples of proceedings for which statutes either mandate or permit closed hearings include certain divorce proceedings (Miss. Code Ann. §93-5-21), those for waiver of parental consent to an abortion for a minor (Miss. Code Ann. § 41-41-55), proceedings raising the sexual conduct of a complaining witness in a rape case (Miss. Code. Ann. § 97-3-68), and Youth Court Proceedings (Miss. Code Ann. § 43-21-203). The closing of proceedings generally and procedures for notice and hearing prior to closing are addressed in Gannett River States Pub. Co. v. Hand, 571 So. 2d 941 (Miss. 1990) and In re Memphis Publishing Company, 823 So. 2d 1150 (Miss. 2001).