                                 CODE OF VIRGINIA

EXCLUSION OF PERSONS FROM TRIAL; PHOTOGRAPHS AND BROADCASTING PERMITTED UNDER
DESIGNATED GUIDELINES; EXCEPTIONS (§ 19.2-266)

In the trial of all criminal cases, whether the same be felony or misdemeanor
cases, the court may, in its discretion, exclude from the trial any persons
whose presence would impair the conduct of a fair trial, provided that the right
of the accused to a public trial shall not be violated.
		A court may solely in its discretion permit the taking of photographs in the
courtroom during the progress of judicial proceedings and the broadcasting of
judicial proceedings by radio or television and the use of electronic or
photographic means for the perpetuation of the record or parts thereof in
criminal and in civil cases, but only in accordance with the rules set forth
hereunder. In addition to such rules, the Supreme Court and the Court of Appeals
shall have the authority to promulgate any other rules they deem necessary to
govern electronic media and still photography coverage in their respective
courts. The following rules shall serve as guidelines, and a violation of these
rules may be punishable as contempt:
		Coverage Allowed.

1. The presiding judge shall at all times have authority to prohibit, interrupt
or terminate electronic media and still photography coverage of public judicial
proceedings. The presiding judge shall advise the parties of such coverage in
advance of the proceedings and shall allow the parties to object thereto. For
good cause shown, the presiding judge may prohibit coverage in any case and may
restrict coverage as he deems appropriate to meet the ends of justice.

2. Coverage of the following types of judicial proceedings shall be prohibited:
adoption proceedings, juvenile proceedings, child custody proceedings, divorce
proceedings, temporary and permanent spousal support proceedings, proceedings
concerning sexual offenses, proceedings for the hearing of motions to suppress
evidence, proceedings involving trade secrets, and in camera proceedings.

3. Coverage of the following categories of witnesses shall be prohibited: police
informants, minors, undercover agents and victims and families of victims of
sexual offenses.

4. Coverage of jurors shall be prohibited expressly at any stage of a judicial
proceeding, including that portion of a proceeding during which a jury is
selected. The judge shall inform all potential jurors at the beginning of the
jury selection process of this prohibition.

5. To protect the attorney-client privilege and the right to counsel, there
shall be no recording or broadcast of sound from such conferences which occur in
a court facility between attorneys and their clients, between co-counsel of a
client, between adverse counsel, or between counsel and the presiding judge held
at the bench or in chambers.
			Location of Equipment and Personnel.

1. The location of recording and camera equipment shall be strictly regulated so
as not to be intrusive.

2. Media personnel shall not enter or leave the courtroom once the proceedings
are in session except during a court recess or adjournment.

3. Electronic media equipment and still photography equipment shall not be taken
into the courtroom or removed from the designated media area except at the
following times:
			a. Prior to the convening of proceedings;
			b. During any luncheon recess;
			c. During any court recess with the permission of the trial judge; and
			d. After adjournment for the day of the proceedings.
			Official Representatives of the Media.
			The Virginia Association of Broadcasters and the Virginia Press Association
may designate one person to represent the television media, one person to
represent the radio broadcasters, and one person to represent still
photographers in each jurisdiction in which electronic media and still
photographic coverage is desired. The names of the persons so designated shall
be forwarded to the chief judge of the court in the county or city in which
coverage is desired so that arrangements can be made for the
&#8220;pooling&#8221; of equipment and personnel. Such persons shall also be the
only persons authorized to speak for the media to the presiding judge concerning
the coverage of any judicial proceedings.
			Equipment and Personnel.

1. No distracting lights or sounds shall be permitted.

2. Not more than two television cameras shall be permitted in any proceeding.

3. Not more than one still photographer, utilizing not more than two still
cameras with not more than two lenses for each camera and related equipment for
print purposes, shall be permitted in any proceeding.

4. Not more than one audio system for broadcast purposes shall be permitted in
any proceeding.
			Audio pickup for all media purposes shall be accomplished with existing audio
systems present in the court facility. If no technically suitable audio system
exists in the court facility, microphones and related wiring essential for media
purposes may be installed and maintained at media expense. The microphones and
wiring must be unobtrusive and shall be located in places designated in advance
of any proceeding by the chief judge of the court in which coverage is desired.

5. Any &#8220;pooling&#8221; arrangements among the media required by these
limitations on equipment and personnel shall be the sole responsibility of the
media without calling upon the presiding judge to mediate any dispute as to the
appropriate media representative or equipment authorized to cover a particular
proceeding. In the absence of advance media agreement on disputed equipment or
personnel issues, the presiding judge may exclude all contesting media personnel
from a proceeding.

6. In no event shall the number of personnel in the designated area exceed the
number necessary to operate the designated equipment.

7. Only television photographic and audio equipment which does not produce
distracting sound or light shall be employed to cover judicial proceedings. No
artificial lighting device of any kind shall be employed in connection with the
television camera.

8. Only still camera equipment which does not produce distracting sound or light
shall be employed to cover judicial proceedings. No artificial lighting device
of any kind shall be employed in connection with a still camera.

9. With the concurrence of the chief judge of the court in which coverage is
desired, modifications and additions may be made in light sources existing in
the facility, provided such modifications or additions are installed and
maintained without public expense.
			Impermissible Use of Media Material.
			None of the film, video tape, still photographs or audio reproductions
developed during or by virtue of coverage of a judicial proceeding shall be
admissible as evidence (i) in the proceeding out of which it arose, (ii) in any
proceeding subsequent and collateral thereto, or (iii) upon any retrial or
appeal of such proceedings.
			All electronic media and still photography coverage of public judicial
proceedings authorized by this section, with the exception of electronic or
photographic means authorized for the perpetuation of the record or parts
thereof shall be conducted at no cost to the Commonwealth.

HISTORY: Code 1950, § 19.1-246; 1960, c. 366; 1971, Ex. Sess., c. 28; 1975, c.
495; 1978, c. 477; 1987, c. 580; 1989, c. 582; 1990, c. 243; 1992, c. 557.