Mo. Sup. Ct. Op. R 16.04

As amended through November 19, 2024
Rule 16.04 - Technical
(a) Equipment Limitations. All media equipment to be used in courtrooms for media coverage must be unobtrusive in both size and appearance, without distracting sound or light, and of sufficient technical quality to prevent interference with the judicial proceeding. A judge may limit the number of media personnel and amount of media equipment in a courtroom covering a judicial proceeding and may require other media personnel to pool coverage in accordance with this operating rule and as a judge deems appropriate under particular circumstances.
(1) Still Photography. Still photographers shall be permitted pursuant to this operating rule, but more than one photographer may not participate at one time unless the judge approves in advance. Media coordinators should determine whether still cameras with shutters that cannot be silenced should be enclosed in a sound-absorbing device.
(2) Video Recording. Not more than one videographer, using a single device, shall be permitted in the courtroom during a judicial proceeding at any time. Such equipment must be designed or modified so participants in the judicial proceeding are unable to determine when the equipment is recording. When possible, recording or broadcasting equipment that is not a component part of a video camera shall be located outside of the courtroom. If a court has installed its own video camera for use by the media, no videographer generally should be permitted to bring video recording equipment into the courtroom. When video recording equipment is not compatible, a judge may permit use of an additional device and operator.
(3) Audio Recording. Not more than one audio recording system shall be set up in the courtroom for media coverage of a judicial proceeding at any time. Such recording shall be made from an existing audio system present in the courtroom, if the existing system produces sound technically suitable for broadcast. Any changes in existing courtroom audio systems must be approved by the judge. Microphones for use of counsel and judges shall be equipped with off/on switches to facilitate compliance with this operating rule. When possible, electronic audio recording equipment and any operating personnel shall be located outside of the courtroom.
(4) Advance Approval. It shall be the duty of the media to advise the media coordinator of the media equipment sought to be used for media coverage and to demonstrate to the media coordinator and judge reasonably in advance of the proceeding that the equipment meets the requirements of this operating rule. Failure to obtain advance approval for equipment may preclude its use in the proceeding. All media and media equipment should be in place and operational in accordance with this operating rule at least 30 minutes prior to the scheduled time of commencement of the proceeding.
(5) Nonapproved Uses Prohibited. Any media equipment approved for still photography, video recording or audio recording of a judicial proceeding is to be used only for the specified purpose. If the equipment is capable of making other types of recordings or producing other content, no such recordings may be made or content produced without express permission of the judge.
(b) Lighting and Modifications. No modifications of existing courthouse facilities or systems to effectuate this operating rule shall be required to be made at public expense. Other than light sources already existing in the courtroom, no flashes or other artificial light device of any kind shall be employed in the courtroom. The judge, however, may permit the media to make temporary modifications to light sources existing in the courtroom (e.g., higher-wattage lighting), provided such modifications are made without public expense. Requests for any other modifications of courtroom facilities or systems shall be made to the media coordinator and approved by a judge.
(c) Pooling.
(1) If multiple media personnel apply under the provisions of this operating rule for media coverage for the same judicial proceeding, they shall be pooled appropriately based on the type of media coverage they seek. Media coordinators should endeavor to rotate still photographers and videographers as may be appropriate under the circumstances. Requests for copies of audio or video recordings or photographs shall be directed to the pool representative only, who shall supply copies upon request to the media in the pool at a price not exceeding actual cost. Failure to make timely application for coverage may result in exclusion from the pool and access to resulting media coverage.
(2) Pooling arrangements shall be the sole responsibility of the media coordinator, and the judge shall not be called upon to mediate any media dispute. In the absence of advance media agreement regarding equipment, personnel or other pooling issues, the judge may exclude any or all media coverage.
(3)Audio. Not more than one audio system, which does not produce distracting sound, shall be set up in the courtroom for broadcast coverage of a judicial proceeding. Audio pickup for broadcast coverage shall be accomplished from an existing audio system present in the courtroom, if such pickup would be technically suitable for broadcast. Where possible, electronic audio recording equipment and any operating personnel shall be located outside of the courtroom.
(4)Pooling. Pooling arrangements shall be the sole responsibility of the media coordinator, and the judge shall not be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular judicial proceeding. Requests for copies of audio recording, video tape or photographs shall be directed to the pool representative only, who shall supply copies upon request to media representatives at a price not exceeding actual cost.
(d) Location of Media Equipment and Personnel. The judge shall designate an area or areas in the courtroom where media equipment and operating personnel shall be located. The area or areas designated shall provide reasonable access to the proceeding to be covered. No media or media equipment shall block the view of persons seated in the public area of the courtroom.
(e) Movement During Proceedings. Media must set up and remove all media equipment permitted by the judge only when the court is not in session and at all times shall operate such equipment from a fixed position. Still photographers and videographers shall not move about the courtroom while proceedings are in session, nor shall they engage in any movement that attracts undue attention.
(f) Personal Audio Devices. Notwithstanding other provisions of this operating rule, the judge may permit the media to use inconspicuous personal recording devices to make audio recordings solely as personal notes of the proceeding. Media proposing to use a personal recording device must make timely application to the media coordinator and obtain advance permission from the judge. Any such audio recording may not be used for any other purpose, and if the device used is capable of making other types of recordings or producing other content, no such recordings may be made without express permission of the judge.
(g) Use of Devices. No person may use any device capable of media coverage in a courtroom or court clerk's office unless specifically authorized under the provisions of this operating rule, under the provisions of a local court rule, or by a judge in a judicial proceeding. A judge may authorize media to use electronic devices solely for textual note-taking and writing if they are configured to operate quietly and in such a manner as to avoid undue distractions.
(h) Decorum. All media personnel shall dress in suitable business attire consistent with that worn by others in the courtroom, such as lawyers, court reporters, bailiffs, clerks; shall not assume any body position inappropriate for spectators; and otherwise shall maintain proper courtroom decorum at all times while covering a judicial proceeding.

Mo. Sup. Ct. Op. R 16.04

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