CHAPTER 247

(SCR 01-09)

In the Matter of the Amendment
of Canon 3(B)(12) of the Code of Judicial Conduct.

IN THE MATTER OF THE AMENDMENT OF
CANON 3(B)(12) OF THE CODE OF JUDICIAL
CONDUCT, SDCL CH. 16-2, APPX., RELATING RULE 01-09
TO MEDIA COVERAGES OF THE COURTROOM
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    A hearing was held on June 19, 2001, at Sioux Falls, South Dakota, relating to the amendment of Canon 3(B)(12) of The Code of Judicial Conduct, SDCL Ch. 16-2, Appx., and the Court having considered the proposed amendment, the correspondence and oral presentations relating thereto, and being fully advised in the premises now, therefore, it is

    ORDERED that Canon 3(B)(12) of The Code of Judicial Conduct, SDCL Ch. 16-2, Appx., is amended to read in its entirety as follows:

    Canon 3(B)(12), South Dakota Code of Judicial Conduct

             (12)      A With the exception of the rules for expanded media coverage of appellate court proceedings, a judge should prohibit broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recess between sessions, except that a judge may authorize:

             (a)      the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record, or for other purposes of judicial administration;

             (b)      the broadcasting, televising, recording, or photographing of investigative, ceremonial, or naturalization proceedings;

             (c)      the photographic or electronic recording and reproduction of appropriate court proceedings under the following conditions:

             (i)      the means of recording will not distract participants or impair the dignity of the proceedings;

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             (ii)      the parties have consented, and the consent to being depicted or recorded has been obtained from each witness appearing in the recording and reproduction;

             (iii)      the reproduction will not be exhibited until after the proceeding has been concluded and all direct appeals have been exhausted; and

             (iv)      the reproduction will be exhibited only for instructional purposes in educational institutions.

    DATED at Pierre, South Dakota, this 17th day of July, 2001.

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