N.C. Gen. R. Prac. Super. & Dist. Ct. 15

(a) Definition. The terms “electronic media coverage” and “electronic

coverage” are used in the generic sense to include coverage by television, motion

picture and still photography cameras, broadcast microphones and recorders.

(b) Coverage allowed. Electronic media and still photography coverage

of public judicial proceedings shall be allowed in the appellate and trial courts of this

state, subject to the conditions below.

(1) The presiding justice or judge shall at all times have authority to

prohibit or terminate electronic media and still photography

coverage of public judicial proceedings, in the courtroom or the

corridors immediately adjacent thereto.

(2) Coverage of the following types of judicial proceedings is

expressly prohibited: adoption proceedings, juvenile proceedings,

proceedings held before clerks of court, proceedings held before

magistrates, probable cause proceedings, child custody

proceedings, divorce proceedings, temporary and permanent

alimony proceedings, 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 is expressly

prohibited: police informants, minors, undercover agents,

relocated witnesses, and victims and families of victims of sex

crimes.

(4) Coverage of jurors is prohibited expressly at any stage of a judicial

proceeding, including that portion of a proceeding during which a

jury is selected. The trial judge shall inform all potential jurors

at the beginning of the jury selection process of the restrictions of

this particular provision which is designated (b)(4).

(c) Location of equipment and personnel.

(1) The location of equipment and personnel necessary for electronic

media and still photographic coverage of trial proceedings shall

be at a place either inside or outside the courtroom in such a

manner that equipment and personnel are completely obscured

from view from within the courtroom and not heard by anyone

inside the courtroom.

(i) If located within the courtroom, this area must be set apart

by a booth or other partitioning device constructed therein

at the expense of the media. Such construction must be in

harmony with the general architectural style and decor of

the courtroom and must meet the approval of the Senior

Resident Superior Court Judge and the governing body of

the county or municipality that owns the facility.

(ii) If located outside the courtroom, any booth or other

partitioning device must be built so that passage to and

from the courtroom will not be obstructed.

This arrangement must meet the approval of the Senior

Resident Superior Court Judge and the governing body of

the county or municipality that owns the facility.

(2) Appropriate openings to allow photographic coverage of the

proceedings under these rules may be made in the booth or

partitioning device, provided that no one in the courtroom will see

or hear any photographic or audio equipment or the personnel

operating such equipment. Those in the courtroom are not to

know when or if any such equipment is in operation.

(3) The presiding judge may, however, exercise his or her discretion

to permit the use of electronic media and still photography

coverage without booths or other restrictions set out in

Rule 15(c)(1) and (c)(2) if the use can be made without disruption

of the proceedings and without distraction to the jurors and other

participants. Such permission may be withdrawn at any time.

(4) Video tape recording equipment which is not a component part of

a television camera shall be located in an area remote from the

courtroom.

(5) Media personnel shall not exit or enter the booth area or

courtroom once the proceedings are in session except during a

court recess or adjournment.

(6) 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:

(i) prior to the convening of proceedings;

(ii) during the luncheon recess;

(iii) during any court recess with the permission of the

presiding justice or judge; and

(iv) after adjournment for the day of the proceedings.

(7) The Chief Justice of the Supreme Court, and the Chief Judge of

the Court of Appeals may waive the requirements of Rule 15(c)(1)

and (2) with respect to judicial proceedings in the Supreme Court

and in the Court of Appeals, respectively.

(d) Official representatives of the media.

(1) This Court hereby designates the North Carolina Association of

Broadcasters, the Radio and Television News Directors

Association of the Carolinas, and the North Carolina Press

Association, as the official representatives of the news media.

The governing boards of these associations shall designate one

person to represent the television media, one person to represent

the radio broadcasters, and one person to represent still

photographers in each county in which electronic media and still

photographic coverage is desired. The names of the persons so

designated shall be forwarded to the Senior Resident Superior

Court Judge, the Director of the Administrative Office of the

Courts, and the county manager or other official responsible for

administrative matters in the county or municipality in which

coverage is desired. Thereafter, these persons shall conduct all

negotiations with the appropriate officials concerning the

construction of the booths or partitioning devices referred to

above. 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.

(2) It is the express intent and purpose of this rule to preclude judges

and other officials from having to “negotiate” with various

representatives of the news media. Since these rules require

pooling of equipment and personnel, cooperation by the media is

of the essence and the designation of three media representatives

is expressly intended to prevent presiding judges from having to

engage in discussion with others from the media.

(e) Equipment and personnel.

(1) Not more than two television cameras shall be permitted in any

trial or appellate court proceedings.

(2) 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 in a trial or appellate court.

(3) Not more than one wired audio system for radio broadcast

purposes shall be permitted in any proceeding in a trial or

appellate court. 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

Senior Resident Superior Court Judge of the judicial district in

which the court facility is located. Such modifications or

additions must be approved by the governing body of the county

or municipality which owns the facility. Provided, however,

hand-held audio tape recorders may be used upon prior

notification to, and with the approval of, the presiding judge; such

approval may be withdrawn at any time.

(4) Any “pooling” 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 shall

exclude all contesting media personnel from a proceeding.

(5) In no event shall the number of personnel in the designated area

exceed the number necessary to operate the designated

equipment or which can comfortably be secluded in the restricted

area.

(f) Sound and light criteria.

(1) 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.

(2) 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.

(g) Courtroom light sources. With the concurrence of the Senior

Resident Superior Court Judge of the judicial district in which a court facility is

situated, 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 and provided such modifications or additions are approved by

the governing body of the county or municipality which owns the facility.

(h) Conferences of counsel. To protect the attorney-client privilege and

the right to counsel, there shall be no audio pickup or broadcast of 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.

(i) 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 in the proceeding out of which

it arose, any proceeding subsequent and collateral thereto, or upon any retrial or

appeal of such proceedings.