PART 21.00 MISCELLANEOUS
(Effective December 1, 2006)
21.01 (AMENDED) PHOTOGRAPHY, RADIO, TELEVISION, AUDIO
RECORDING DEVICES AND CELLULAR TELEPHONES
A. Pursuant to Supreme Court Rule 63A(7), the taking of photographs in the courtroom during sessions of court or recesses between proceedings, and the broadcasting or the televising of proceedings, are permitted only to the extent authorized by Order of the Illinois Supreme Court. The Order of the Illinois Supreme Court in In Re Photographing, Broadcasting and Televising Proceedings in the Courts of Illinois, MR No. 2634, entered November 29, 1983 and made permanent on January 22, 1985, does not permit photography, broadcasting or televising of circuit court proceedings.
B. The photography, videotaping, audio recording, televising or broadcasting of events and activities in a courtroom or its environs is also prohibited unless expressly authorized by this rule. For the purpose of this rule, the use of the terms “photographs, videotaping, audio recording, televising or broadcasting” include the audio or video transmissions or recordings made by telephones, personal data assistants, laptop computers, and other wired data transmission and recording devices.
C. Photographs, videotapes, audio recordings, including broadcasting or televising of non-judicial events and activities, or of judicial personnel, or facilities, may be authorized by the Court for educational, instructional, informational or ceremonial purposes, provided that Court is not in session during such photographing, videotaping, audio recording, broadcasting, or televising. Such non-judicial events and activities would include: weddings, bar association activities, induction ceremonies, award ceremonies, dedication ceremonies, mock trials, seminars, speeches, demonstrations, training sessions, journalistic undertakings, public awareness activities, and similar events and activities.
D. Micro cassette recorders or handheld dictating devices may be used in the public hallways or conference rooms adjacent to said hallways, provided that such use does not interfere with the use of said premises by others present. Any such micro cassette recorders or handheld dictating devices brought into a courtroom must be turned to the “off” position and kept enclosed in a briefcase or similar container. In the event that a person possessing such a device enters a private hallway, anteroom or judge’s chambers, such device must first be given to the court officer in charge of said courtroom.
Amendment to Rule 21.01, PHOTOGRAPHY, RADIO, TELEVISION, AUDIO RECORDING DEVICES AND CELLULAR TELEPHONES Of Part 21.00, MISCELLANEOUS, of the Uniform Rules of Practice, Circuit Court of Illinois, Nineteenth Judicial Circuit.
E. Photographing or recording via wireless communication devices that have the capability of recording and/ or transmitting sound, pictures, and video, such as cell phones, camera phones, personal data assistants (PDAs), BlackBerrys, pocket computers, notebook computers, and laptop computers in the courtroom or its environs are prohibited unless expressly waived by the Court. Notwithstanding the foregoing, attorneys, court employees, including but not limited to probation and detention officers, and sheriff’s personnel may use the device in the courtroom for non-verbal communicating such as texting or conducting electronic legal research. Any wireless communication device brought into the courtroom or its environs must be in the “silent” mode.
F. Voice communication via cellular telephone is allowed only in the public hallways and conference rooms adjacent to said hallways, provided that such use does not interfere with the use of said premises by others present.
G. Tape recording by an official court reporter or court authorized court reporter in the courtroom or its environs is permitted.
H. The word “environs” includes the private and public hallways, rooms immediately adjacent to said hallways and to the courtroom, and the jury assembly/ deliberation rooms; and it shall be understood that, in the interest of a fair trial, the Court may expand the area of environs in a written order.
I. When the nature of a case, or the nature of the media coverage of a case, requires, the Court, on motion of either party, or on its own motion, may issue an order governing such matters as extra-judicial statements by parties and witnesses which might interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters which the Court may deem appropriate for inclusion in such an order.
||Amended by the Circuit Judges|
of the Nineteenth Judicial Circuit
this 6th day of April, 2009
and effective immediately.
21.02 COURT REPORTERS
A. The Court will provide court reporters in the following proceedings:
1. Jury and bench trials and evidentiary proceedings in felony cases and misdemeanor cases where incarceration may result, except jury selection in misdemeanor cases.
2. All criminal proceedings under Supreme Court Rules 401 and 402 in which a court reporter is required.
3. Felony sentencing hearings and misdemeanor sentencing hearings in which incarceration may result.
4. Post-conviction hearings.
5. Juvenile Court proceedings other than reviews, status hearings and hearings set solely to change or to determine dates of future hearings.
6. Indirect criminal contempt proceedings.
B. The Court will provide court reporters in the following proceedings unless the Court directs or authorizes the parties in advance of hearing or trial to provide a private court reporter:
1. Domestic relations proveups and trials.
2. Chancery trials, excluding foreclosures and excluding mechanic’s lien and other lien cases where the amount in controversy does not exceed $15,000.00.
3. Jury and bench trials in law division cases, excepting those items set forth in Paragraph C.
4. Trials and evidentiary hearings in paternity matters.
5. Hearings on petitions for adjudication of disability and for appointment of a guardian of the estate, or person, or both, held pursuant to Section 11a-11 of the Probate Act.
6. Hearings on petitions for involuntary civil commitments and on petitions for discharge following any commitment.
C. Unless required upon the Court’s motion to good cause shown, no court reporter will be provided for the following proceedings:
1. Civil motions and petitions, including without limitation those involving testimony.
2. Voir dire and reading of instructions to the jury in civil cases, non-felony cases, traffic and ordinance violation cases.
3. Civil bench and jury trials in SC, LM and other cases wherein the amount in controversy does not exceed $50,000.
4. Foreclosure proceedings.
5. Mechanic’s lien and other lien cases where the amount in controversy does not exceed $15,000.00.
6. Motions and other issues during jury deliberations, taking of the verdict, and polling of the jury in civil cases and criminal cases in which no incarceration may result.
7. Traffic, misdemeanor, conservation and ordinance cases in which no incarceration may result.
8. Proceedings for the collection or enforcement of judgments, fines or costs.
9. Probate matters.
D. Where an official court reporter is not furnished by the Court under Paragraph B and the parties have not been given reasonable notice of the unavailability of an official court reporter, such unavailability shall be grounds for a continuance. In those cases where the Court does not provide an official court reporter under Paragraph C, unavailability of a court reporter shall not be grounds for a continuance.
E. In cases where an official court reporter is not furnished by the Court, parties may employ a private reporter upon approval of the Court and under the following conditions:
1. Only one reporter shall be used during the course of any testimony.
2. The party providing the reporter shall inform the clerk of the reporter’s name, address, reporting firm and State of Illinois license number before commencing.
3. The court reporter station in the courtroom shall be used.
4. If a transcript of all or part of a proceeding is ordered, the party or attorney shall order an original to be filed with the Court and the original shall be filed with the Court by the reporter before copies are delivered to the parties and the attorneys.
5. Any disagreement among the parties concerning qualifications of or which party’s reporter shall be used shall be presented to the Court for ruling as in all other motions.
6. Such other terms and conditions as the Court deem appropriate.
F. All requests for transcripts shall be addressed to the court reporter in writing, shall specify the portion of the proceedings to be transcribed, and a copy of the request shall be filed by the party requesting it within the court file. This rule applies in both the case of official court reporters and private court reporters.
G. Paragraph E.4 also applies to official court reporters.
H. All official court reporters in the circuit are assignable at the direction of the Chief Judge.
I. All official court reporters will be responsible for exhibits offered during the course of trial or other evidentiary hearing. If a private reporter is used, or in cases where no court reporter is used, the court clerk shall be responsible for exhibits during the course of trial or hearing. During trial, the Court may order exhibits of money, other valuables, firearms and contraband to be placed in the custody of the sheriff, who will receipt same to the court reporter. At the conclusion of the trial or evidentiary hearing, exhibits shall be turned over to the Circuit Clerk with the inventory of all exhibits, and a copy of which inventory shall be placed in the court file.
21.03 LEGAL HOLIDAYS
A. The legal holidays of the Circuit Court of Lake County shall be those holidays specified by the Chief Judge of the Circuit Court of Lake County.
B. All matters returnable on said legal holidays shall be continued to the next business day of this Court.
C. The time for filing all motions and pleadings is extended to the next business day of this Court.
21.04 NON-JUDICIAL APPOINTMENTS
Non-judicial appointments vested in the Circuit Court shall be made by the Chief Judge with the approval of a majority of the Circuit Judges.
21.05 Appearance of Counsel Pro Hac Vice
An attorney who is not licensed to practice law in the State of Illinois may seek permission to represent a party in a particular cause in this circuit by presenting a verified application for admission of counsel pro hac vice. The application must be presented personally by the attorney seeking admission pro hac vice, upon proper notice to all parties or attorneys of record. The application shall be presented to the judge assigned to the cause, or if the cause is not yet assigned, to the Presiding Judge of the court division to which the cause will be assigned. The application will be granted or denied in the exercise of judge’s discretion.
Form: Appearance of Counsel Pro Hac Vice
21.06 (Amended) Extended Media Coverage
Amendment to Rule 21.00, MISCELLANEOUS, of the Uniform Rules of Practice, Circuit Court of Illinois, Nineteenth Judicial Circuit.
WHEREAS, the Judges of the Nineteenth Judicial Circuit Court support transparency in court proceedings and always strive to balance the privacy interests of litigants, witnesses and victims with the right of the public to have access to legal proceedings and to maintain the sanctity of all court cases in order to ensure fairness and justice throughout every court proceeding; and,
WHEREAS, the Nineteenth Judicial Circuit Court is approved to permit extended media coverage on an experimental basis, it is hereby ordered, effective immediately and until further order of the Court, that extended media coverage shall be made available in the County of Lake in accordance with the provisions contained in Illinois Supreme Court Order M.R. 2634 and the Policy for Extended Media Coverage in Circuit Courts of Illinois.
IT IS FURTHER ORDERED that the following local provisions are hereby prescribed for extended media coverage within the County of Lake. These local provisions shall be construed consistently as to not conflict with the Illinois Supreme Court Policy for Extended Media Coverage in Circuit Courts of Illinois. Furthermore, these local provisions shall be construed along with Nineteenth Judicial Circuit Court Local Rule 21.01 which sets forth applicable policies on the general use of electronic devices. It remains requisite for the news media organizations to be cognizant of the rules regarding the general use of cellular phones and other electronic devices within the courtrooms and outside of the courtrooms, but still within the confines of the courthouse. Nothing in this rule shall limit or restrict the power, authority or responsibility otherwise vested in the Chief Judge of the circuit; and the judge presiding to: a) control the conduct of any proceeding; b) maintain decorum and prevent distractions; c) guarantee the safety of the courtroom, including any party, witness, or juror; and, d) ensure the fair and impartial administration of justice in the pending cause.
A. Media Coordinator and Court Media Liaison
- Media Coordinator. A single representative acting on behalf of all news media organizations shall be selected to organize and submit requests for extended media coverage and administer all aspects of extended media coverage for the news media. The Media Coordinator shall be selected by and among representatives of the news media and shall be approved by the Chief Judge.
- Court Media Liaison. A representative from Court Administration shall serve as the Court Media Liaison. The Court Media Liaison is responsible to the Court and shall work with the Media Coordinator on all matters pertaining to extended media coverage. The Media Liaison may consult with the trial judge regarding any questions or concerns from the media and may direct the media consistent with the rulings of the trial judge regarding extended media coverage of any case. The trial judge may direct the Media Liaison to convey any changes or alterations to the order entered in the case to interested individuals or organizations.
B. Requests, Objections and Orders
- Notice of Requests for Extended Media Coverage. Notices for Requests for Extended Media Coverage shall be filed with the Office of the Clerk of the Circuit Court. The form for filing a Request for Extended Media Coverage shall be as prescribed in Appendix “A.”
- Notices of Requests for Extended Media Coverage. The Office of the Clerk of the Circuit Court shall send a written Notice and copy of the Request for Extended Media Coverage to the following persons:
a. Attorneys of Record;
b. Parties appearing without Counsel;
c. The Court Media Liaison;
d. The Judge presiding over the case for which extended media coverage is sought;
e. The Chief Judge.
The form of the Notice to be sent by the Clerk of the Circuit Court shall be prescribed in Appendix “C”.
The Notice and copy of the Request shall be sent by first class mail or facsimile transmission or delivered by personal service, no later than the close of business on the day following the filing of the Request. The Chief Judge may order alternate means of service, such as electronic mail, for persons identified in subparagraphs c through e of this section.
- Objections by Parties. The form for a party to object to extended media coverage shall be as prescribed in Appendix “D.”
- Objections by Witnesses. All witnesses shall be notified by counsel proposing to introduce testimony from a witness of their right to object to extended media coverage. Notification shall be provided by using the form as prescribed in Appendix “E”, or a substantially similar form. Objections by witnesses shall be filed with the Clerk of the Circuit Court prior to the commencement of the proceeding. Any objecting witness shall file his or her objection using the form as prescribed in Appendix “F”, or a substantially similar form. Counsel shall file proof that notice was provided to the witness(es) each counsel intends to call at trial.
- Notice of Objections. The Office of the Clerk of the Circuit Court shall provide written notice of all filed objections to extended media coverage to the persons designated in Section B.2 herein, and to the Media Coordinator.
- Written Orders. The judge shall enter a written order on all requests for extended media coverage specifying the scope of coverage permitted. An order for extended media coverage shall be effective for all subsequent proceedings until the conclusion of the involved case(s) or as otherwise ordered by the court and subject to ruling on any filed objections. The form of an order for extended media coverage shall be prescribed in Appendix “B”.
- Timeframe for Request and Objections. Calendar days shall be used for the purpose of calculating the timeframes for the filing of requests and objections.
- Certain Trial Proceedings Prohibited from Extended Media Coverage. Extended media coverage is prohibited in any court proceeding required under Illinois law to be held in private. No coverage shall be permitted in any juvenile, dissolution, adoption, child custody, evidence suppression or trade secret cases. Extended media coverage is also prohibited as to evidentiary pre-trial motions, including Motions In Limine and in all Specialty Court proceedings including drug court, veteran’s court and mental health court due to the sensitive nature of these proceedings unless otherwise ordered by the court.
C. Equipment and Courtroom Conduct
- Enhanced Microphones. Parabolic or other highly sensitive long range microphones are prohibited.
- Assigned Locations. The Court, in consultation with the Court’s Court Media Liaison or designee will direct the news media to their assigned spot(s). Still photographers and videographers must stay seated unless they are positioned beyond the last row of spectator’s seats.
- Decorum. In the courtroom, members of the news media shall:
a. Not make comments in courtroom during court proceedings;
b. Not comment to or within hearing of the jury or any member
thereof at any time before the jury is dismissed;
c. Not conduct interviews in the courtroom; and
d. Comply with the orders and directives of the court.
- Prohibition on Certain Materials. Focusing on and photographing of materials on counsel tables, materials on evidence carts, or materials that have not yet been presented as evidence is prohibited.
D. General Provisions
- Temporary and Permanent Installations. The judge may order the news media to install any manner of temporary courtroom alterations including, but not limited, to a screen or divider to conceal the jury from the view of recording equipment. No permanent installation of any audio or visual recording equipment shall be made nor shall any court facility be altered, unless approved in advance by the Chief Judge. All expenses for permanent or temporary installations shall be borne by the news media.
- Sub-contracting and Assignment. Permission for extended media coverage shall not be sub-contracted or assigned.
- Non-exclusivity. This rule shall not preclude coverage of a judicial proceeding by other members of the news media who have not been granted permission for extended media coverage.
- Courthouse Security. Court security policies require all persons and equipment entering the courthouse to pass through a magnetometer. News media representatives will not be permitted to bypass screening and should allow sufficient time to get through the magnetometer in advance of the commencement of proceedings.
- Inadmissibility in Proceedings. Film, videotape, photograph and audio reproductions obtained by and through extended media coverage shall not affect the official court record of the proceeding for purposes of appeal or otherwise. Nor shall the same be admissible as evidence in the proceeding out of which it arose or in any proceeding subsequent or collateral thereto.
- Knowledge of Plan Provisions. The Media Coordinator is charged with actual and constructive knowledge of the provisions contained within the Policy for Extended Media Coverage in Circuit Courts of Illinois and this rule. By the submission of a Request for Extended Media Coverage the Media Coordinator, respective agents from involved news media organizations and designees of such acknowledge and agree to abide by all applicable provisions.
- Sanctions. In addition to contempt and any other sanctions allowed by law, the Judge or Chief Judge may remove anyone violating the Policy for Extended Media Coverage in Circuit Courts of Illinois or this rule from the courtroom and revoke the privileges for extended media coverage.
- Revocation of Permission. If the Media Coordinator or any media representative fails to comply with the conditions set forth in the Policy for Extended Media Coverage in Circuit Courts of Illinois, this rule or other orders imposed by the Judge or Chief Judge, the Judge or Chief Judge may impose restrictions on the dissemination, broadcast and/or publication of extended media coverage.
- Pilot Project. This rule is promulgated as a pilot project in accordance with Illinois Supreme Court Order M.R. 2634. This rule is subject to revision or termination at any time and without advanced notice.
||Amended by the Circuit Judges|
of the Nineteenth Judicial Circuit
this 4th day of March, 2013
and effective immediately
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