Mo. Sup. Ct. Op. R 16.02

As amended through November 19, 2024
Rule 16.02 - General
(a) Conditions of Media Coverage. Blanket prohibition by local rule of all media coverage is not permitted. Media coverage of a judicial proceeding will be permitted on a case-by-case basis if expressly authorized by the judge and under the following conditions:
(1) A judge may prescribe such conditions of coverage as provided for in this operating rule, including the manner in which objections may be raised and whether media coverage may be conducted in a courtroom before or after a proceeding or while the court otherwise is in recess. Any media coverage a judge permits must be executed in a manner that ensures the fairness and dignity of the proceeding.
(2) Even when media coverage is expressly permitted, a judge shall limit or disallow media coverage of a proceeding if the judge concludes, under the circumstances, such coverage would materially interfere with the rights of the parties, including but not limited to the security or privacy of participants to the proceedings, or the fair administration of justice. Nothing in this operating rule restrains a judge's ability to control courtroom decorum or activities, or to prevent intimidation of witnesses or other misconduct. Restrictions a judge may impose on media coverage may not be evaded by photographing or recording courtroom activities from outside the courtroom, such as through a door or window.
(3) A judge may permit media coverage of investitures, ceremonial proceedings or other public events and may impose any conditions of media coverage that may be appropriate under the circumstances.
(4) Any media granted permission to conduct media coverage shall be provided access to this operating rule and shall agree to comply with this operating rule and any directives a judge may issue pursuant to this operating rule.
(b) Prohibitions on Media Coverage. Media coverage is prohibited of any:
(1) Judicial proceeding Missouri law requires to be closed, including certain juvenile, adoption, domestic relations, or child custody proceedings, except a judge may permit media coverage of a juvenile who is being prosecuted as an adult in a criminal proceeding.
(2) Defendant in any criminal proceeding or municipal division proceeding until the defendant is represented by counsel or has waived such representation.
(3) Prospective juror, juror, and jury selection, including any audio, video or other electronic recording, photograph, or report of any kind, taken or made in or out of the courtroom, in which the face or other identifying characteristic of a juror or prospective juror is discernable. This provision should not be interpreted to prohibit a juror whose term of service is complete from voluntarily disclosing his or her identity to media after the judge has discharged the jury.
(4) Participant in a judicial proceeding if the participant so requests and the participant is a victim of a crime, a police informant, an undercover agent, a relocated witness, or a juvenile.
(5) Conference between attorneys and their clients, between co-counsel, between counsel and the judge held at the bench or in chambers, or between judges in an appellate proceeding, to protect the attorney-client privilege and the right to effective counsel.
(6) Materials: on counsel tables; subject to a conference held at the bench or in chambers; on the bench; or otherwise not admitted into evidence, to ensure the fairness of the proceedings. A judge may work with the media coordinator to provide media access, after the proceeding concludes or while the court is in recess, to exhibits received into evidence, subject to ruling on any objection from counsel in the proceeding.
(c) Unintentional or Inadvertent Violations. In the event of an unintentional or inadvertent violation of any of these provisions:
(1) The media shall prevent the recording, photographing or reporting, as a result of media coverage, from being disseminated in any manner; and
(2) The media coordinator and judge shall take any other appropriate action, including but not limited to the limitation or termination of media coverage.
(d) Adjacent Areas. A judge may prohibit media from conducting interviews, recording, photographing or preparing a report in the hallways immediately adjacent to a courtroom if such activity would interfere with the fair administration of justice in any case or otherwise is prohibited by local officials.
(e) Limitations on Coverage Once Granted. A judge may limit or terminate media coverage as to any or all media at any time during the proceedings if the judge finds:
(1) Any media has violated this operating rule or any directives the judge imposed pursuant to this operating rule; or
(2) Any substantial rights of individual participants or rights to a fair trial may be prejudiced if media coverage is allowed to continue.

Mo. Sup. Ct. Op. R 16.02

Approved for publication 8/21/1995; amended March 21, 2018, effective 7/1/2018; amended May 29, 2018, effective 7/1/2018.