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Wednesday, June 08, 2016

Ind. Gov't. - Public access to recordings of court proceedings

Some interesting quotes from a June 2, 2016 PAC opinion: Re: Informal Inquiry 16-INF-14; Complaint against Johnson County Superior Court."

You seek a determination as to what accommodations must be provided under the APRA to requestors of public records. You previously attempted to obtain records from the Court, seeking to obtain recordings of proceedings and were informed the only way to obtain recordings is to pay $4.50 per page for a transcript. You amended your request, seeking a digital copy of the proceedings.

On March 22, 2016 the Court responded to your request, stating it could not provide you with copies because Code of Judicial Conduct Rule 2.17 prevented the tape from being broadcast. Instead, Judge Cynthia Emkes informed you that you would be provided accommodations to listen to the record and make notes. However, you could not bring electronic devices because of Rule 2.17. * * *

This entire issue began with the Court’s original denial under Code of Judicial Conduct Rule 2.17. A close reading of this rule indicate it prevents the simultaneous broadcasting of court proceedings to avoid the possibility of prejudice. Because the proceeding has concluded, Rule 2.17 should not be a bar to releasing an audio recording or allowing an individual to use their laptop to make a recording. Courts regularly release audio recordings throughout the state after the proceedings have concluded. Rule 2.17 is a bar on the real-time transmission of court proceedings.

ILB: Here is Rule 2.17.

Posted by Marcia Oddi on June 8, 2016 09:30 AM
Posted to Indiana Courts | Indiana Government