Haw. Sup. Ct. R. 5.2

(a) Use of professional-grade audiovisual equipment.

(1) Camera, sound, and lighting equipment. One television camera or approved mobile device, operated by 1 camera person designated as the pool station or network, shall be permitted to record a courtroom proceeding at one time. A second camera may be admitted for live coverage at the discretion of the judge.

(A) Television or video camera equipment criteria. The pool station or network shall use only a portable electronic camera or an approved mobile device which, together with any related equipment to be located in the courtroom, must be unobtrusive in both size and appearance, without distracting sound or light.

(B) Sound and lighting equipment criteria. Only television video and audio equipment, or mobile devices with audiovisual capabilities that do not produce distracting sound or light shall be employed to cover proceedings. No artificial lighting device of any kind shall be permitted.

(2) Audio systems. Not more than 1 audio system shall be permitted in the courtroom for extended coverage of a proceeding. Audio pickup for extended coverage shall be accomplished from any existing audio system present in the courtroom, if such pickup would be technically suitable for broadcast. Any changes in existing audio systems shall be approved by the judge or the judge’s representative. No modifications of existing systems shall be made at public expense. Microphones, wiring, and recording equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the proceeding.

(3) Minimizing disruption. Where possible, electronic recording equipment and any operating personnel shall be located outside of the courtroom.

(4) Still camera equipment criteria. One still photographer, using not more than 2 still cameras with not more than 2 lenses for each camera, or 1 still camera and 1 approved mobile device, shall be permitted in a proceeding subject to extended coverage. A second still photographer, using not more than 2 still cameras with not more than 2 lenses for each camera, or 1 still camera and 1 approved mobile device, may be admitted at the judge’s discretion. A still photographer also may use the permitted still camera or approved mobile device to video record proceedings.

Only still camera equipment, or mobile devices that do not produce distracting sound or light shall be employed to cover proceedings. No artificial lighting device of any kind shall be permitted.

(b) Recording and storage mediums. Operators of audiovisual equipment should bring to court sufficient video and audio tape capacities or digital storage to obviate tape or digital storage changes except during court recess.

(c) Use of mobile devices and all other forms of non-professional audiovisual equipment.

(1) Mobile devices having wireless communication capacity may not be used in courtrooms and during proceedings in their wireless communication capacity, unless otherwise authorized by the court.

(2) Notwithstanding the provisions of this Rule, a judge may, in the judge’s sole discretion and whether or not extended coverage has been otherwise allowed, grant a timely request by a party, a member of the public, or an individual member of the media, to make an audio recording of the proceedings by means of small, hand-held recorder with a built-in microphone and operated from the seat of the person who made the request, or grant a timely request to use mobile devices having wireless communication capacity, subject to the conditions set forth in subsections (A) and (D) below.

(A) Use of electronic devices under this Rule is restricted to law- or court-related business purposes.

(B) Electronic devices may not be used to photograph or for audio or video recording, or for audio or video streaming, except as authorized by this Rule and Rule 5.1 of these Rules.

(C) Ring tones and other sounds produced by these devices shall be disabled or silenced. Electronic devices brought into the courtroom cannot be used to make or receive calls inside the courtroom, unless otherwise authorized by the court.

(D) Within the courtroom, keyboards must be silent. Texting, e-mailing, accessing the internet, and other forms of electronic communication are acceptable uses if conducted without being audibly or visually distracting to others.

(3) The presiding judge may designate a portion of the courtroom for the use of electronic devices.

(4) The presiding judge of a proceeding may prohibit or further restrict the use of any electronic devices prior to or during proceedings to protect the interest of security, safety, and privacy of parties, jurors, witnesses, attorneys, court personnel, or the public, or to ensure the integrity, decorum, or orderly conduct of proceedings. Failure to adhere to these requirements, prohibitions, or restrictions may result in removal of the person or device from the courtroom or courthouse or the imposition of other sanctions.

(Added August 29, 1983, effective January 1, 1984, renumbered September 1984; amended effective May 10, 1988; amended effective July 15, 1998; further amended December 22, 2014, effective January 1, 2015 to December 31, 2015; adopted permanently and further amended November 25, 2015, effective January 1, 2016; further amended May 15, 2020, effective July 1, 2020.)