May a municipal judge permit live radio broadcasts of courtroom proceedings?

Plain-English summary

The judge asked about discretion to allow live radio broadcasts during municipal-court proceedings. The committee said the judicial Code supplied no answer but Rule 8-102 governed broadcasting in courtrooms. It read that rule to require express Supreme Court approval for the proposed broadcast. Source: Opinion 98-02, p. 1

The opinion noted that municipal-court recording under Rule 8-601(D) was for transcription, while Rule 8-102(B) allowed supervised broadcasts of nonjudicial ceremonial proceedings with court permission. It also said the broadcasting rules for appellate, district, and metropolitan courts did not apply to municipal courts. Source: Opinion 98-02, p. 2

In practice

The opinion distinguishes live broadcasts of municipal judicial proceedings from transcription recordings and nonjudicial ceremonial events. Source: Opinion 98-02, pp. 1–2

Common questions

Q: Did the Code of Judicial Conduct itself ban the broadcast?

A: The committee said the Code did not answer; it relied on a separate Supreme Court rule requiring express approval. Source: Opinion 98-02, p. 1

Q: Could the court authorize a ceremonial broadcast?

A: The opinion said Rule 8-102(B) allowed nonjudicial ceremonial proceedings to be broadcast with court permission and supervision. Source: Opinion 98-02, p. 2

Background and rules framework

The committee interpreted then-current New Mexico court Rules 8-102 and 8-601 and distinguished Rules 23-104 and 23-107, which applied to other courts. Source: Opinion 98-02, pp. 1–2

Citations and references

• New Mexico court Rules 8-102, 8-601, 23-104, and 23-107. Source: Opinion 98-02, pp. 1–2
• The Municipal Benchbook: A Guide for New Mexico Municipal Judges 69 (1994). Source: Opinion 98-02, pp. 1–2

See also

• NM Judicial Op. 03-02: Public Television Program
• NM Judicial Op. 07-11: Judge as Radio Host

Source

• Landing page: New Mexico judicial advisory opinions
• Original PDF: Judicial Advisory Opinion 98-02

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Committee on the Code of Judicial Conduct

Hon. Frank H. Allen, Jr. Chairman
Hon. Thomas A. Donnelly
Prof. William T. MacPhearson, Jr.
Hon. Marie A. Baca

February 20, 1998

RE: Judicial Advisory Opinion 98-02

Dear

This opinion is in response to your inquiry of January 21, 1998, regarding whether you have discretion under the New Mexico Supreme Court Code of Judicial Conduct to permit live radio broadcasts from the courtroom during court proceedings.
The Code of Judicial Conduct does not supply an answer to your question, however, another Supreme Court Rule directly relates to your inquiry. Under Rule 8-102 NMRA 1998, you may not permit such broadcasts without the express approval of the Supreme Court. Rule 8-102(A) provides, in pertinent part:

The taking of photographs in the courtroom during the progress of judicial proceedings or during any recess thereof and the transmitting or sound recording of such proceedings for broadcasting by radio or television introduce extraneous influences which tend to have a detrimental psychological effect on the participants and to divert them from the proper objectives of the trial; and no such action shall be done or permitted except as provided by Rule 8-601 of these rules or upon express approval of the Supreme Court. [Emphasis added.]

See also The Municipal Benchbook: A Guide For New Mexico Municipal Judges 69 (New Mexico Mun. League & New Mexico Mun. Judges Ass'n eds., 1994) ("The rules
The Honorable
Page 2

provide that… recording the proceedings for broadcasting (by radio or television) are disruptive and have a detrimental effect on the participants. Such activities are not permitted unless the New Mexico Supreme Court has specifically approved of them."). Rule 8-601(D) NMRA 1998 allows the recording of proceedings in municipal courts only for the purpose of transcription,

Under Rule 8-102(B) NMRA 1998, nonjudicial, ceremonial proceedings may be broadcast from the courtroom with the permission and under the supervision of the court.

Although Rules 23-104 and 23-107 NMRA 1998 allow for the broadcasting, televising, photographing, and recording of court proceedings in the appellate, district, and metropolitan courts under certain circumstances, these rules, by their terms, are not applicable to the municipal courts.

Yours very truly,

Frank H. Allen, Jr.
Chairman, Judicial Advisory Committee