Idaho Court Administrative Rules

Rule 45. Cameras in the courtroom

(a) Definitions. For the purposes of this rule, the following definitions apply:

(1) “Audio or visual coverage” means the broadcast, recording, transmission, or dissemination, live or delayed, of audio, moving images, still images, or a combination of those options at a public court proceeding, including by electronic means, regardless of format. This definition does not apply to sketches created using physical or digital media.

(2) “Broadcast” means the transmission of audio or visual coverage by any means.

(3) “Live video” means moving images or sounds that are immediately broadcast outside of the courtroom.

(4) “Photographer” means a person who captures still photography.

(5) “Photography” or “photographic” means the taking of still images by a camera, smartphone, or any other device.

(6) “Recorded video” means moving images or sounds that are captured for later use.

(7) “Videographer” means a person who captures live or recorded video with or without audio.

(b) Discretion of Presiding Judge. Approval of audio or visual coverage must be obtained in advance from the presiding judge. A request for audio or visual coverage must be submitted to the Trial Court Administrator or the Clerk of the Court of the county where the case was filed. The request must be submitted on a form that substantially complies with a form approved by the Administrative Director of Courts. A request must specify if the requester seeks approval for photography, recorded video, live video, or a combination of those options.

(c) Limits on Audio or Visual Coverage. The presiding judge may limit audio or visual coverage of a public hearing when the administration of justice requires. Authorization may be revoked at any time, without prior notice, if it appears to the judge that audio or visual coverage is interfering in any way with the proper administration of justice. A judge’s decision regarding audio or visual coverage is not appealable.

(d) Audio or Visual Coverage Prohibited. At a minimum, audio or visual coverage of the following is prohibited:

(1) Jurors throughout the length of their service, including both prospective jurors and those selected to serve in a trial.

(2) Notes, writings, or similar materials on the counsel table.

(3) Evidence or exhibits before they are offered or presented.

(4) Audio coverage of a conference that occurs in a courtroom between attorneys and their clients, between attorneys, or a conference between attorneys and the presiding judge held at the bench. A conference may only be shown at a distance, unless the judge orders otherwise.

(5) A proceeding within a judge’s chambers.

(6) Coverage of a proceeding closed to the public under Idaho Court Administrative Rule 32. However, a judge may approve audio or visual coverage of an adoption hearing if the parties consent.

(e) Limits Concerning a Specific Person. The presiding judge may exclude audio or visual coverage of a specific participant or direct that the identity or audio of a participant be concealed after a determination that the coverage:

(1) is not in the interest of justice; and

(2) will have a substantial adverse effect on the participant.

(f) Audio or Video Coverage Outside the Courtroom. The administrative district judge must establish rules governing audio or visual coverage outside the courtroom in courthouses within their judicial district.

(g) Number of Cameras. If audio or visual coverage is approved, only one photographer and one videographer will be allowed into the courtroom to provide that coverage as a pool representative. However, the presiding judge may allow additional cameras into the courtroom, in which case pooling arrangements may not be required.

(h) Pool Responsibilities. A pool representative must promptly share their images or recordings with other pool members. It is the responsibility of the requesting individuals and organizations to determine who will operate each pool camera. Agreement must be reached outside the courtroom and without the involvement of the presiding judge or court personnel. In the event the requesting parties cannot agree on a pool arrangement, the presiding judge may revoke any audio or visual coverage.

(i) Audio or Video Guidelines. Audio or visual coverage must not distract court participants. If audio or visual coverage is authorized, rules governing that coverage may be established at the judge's discretion. An order permitting audio or visual coverage of court proceedings must not include restrictions on the time, place, or manner in which the coverage may be broadcast or published. Audio or visual coverage may be authorized subject to the following guidelines:

(1) Light. Only existing light may be used for audio or visual coverage. Electronic flash or artificial lighting is prohibited.

(2) Camera Noise and Operation. Photographers and videographers must use quiet camera equipment to minimize distraction from a judicial proceeding. No camera shall indicate to participants in the proceeding whether it is recording. The presiding judge may require a photographer or videographer to demonstrate before a proceeding that their equipment meets this rule.

(3) Equipment. The presiding judge or designee shall determine where audio/visual equipment is placed. Photographers and videographers must be in position at least 15 minutes before court begins. They must not change position while court is in session.

(4) Dress. Photographers and videographers must present a neat appearance and conduct themselves in keeping with the dignity of the court proceeding as determined by the presiding judge.

(j) Public Expense. The court must not be required to incur any expenses to accommodate audio or video coverage. A request to modify facilities at the requester’s expense must be submitted to the trial court administrator for consideration by the administrative district judge.

(k) Courtroom Design. When planning courtroom construction or remodeling, consideration must be given to accommodations that will provide reasonable audio or video access to court proceedings.

(Adopted March 30, 1999, effective March 30, 1999; amended December 26, 2000, effective January 2, 2001; amended December 6, 2005, effective December 15, 2005; amended August 22, 2007, effective August 22, 2007; amended March 27, 2009, effective March 30, 2009; amended July 13, 2009, effective July 13, 2009; amended December 9, 2009, effective January 1, 2010; amended January 6, 2023, effective January 9, 2023; repealed and replaced April 13, 2026, effective July 1, 2026.)

Camera form: Word