119-s1133

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1133 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1133

 To provide for media coverage of Federal court proceedings.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 26, 2025

 Mr. Grassley (for himself, Ms. Klobuchar, Mr. Durbin, Mr. Blumenthal, 
 Mr. Markey, and Mr. Cornyn) introduced the following bill; which was 
 read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To provide for media coverage of Federal court proceedings.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Sunshine in the Courtroom Act of 
2025''.

SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Presiding judge.--The term ``presiding judge'' means 
 the judge presiding over the court proceeding concerned. In 
 proceedings in which more than one judge participates, the 
 presiding judge shall be the chief judge or justice so 
 participating. If the chief judge or justice is not 
 participating, the presiding judge shall be the most senior 
 active judge or justice so participating.

    (2) Appellate court of the united states.--The term 
 ``appellate court of the United States'' means any United 
 States circuit court of appeals and the Supreme Court of the 
 United States.

    (b) Authority of Presiding Judge To Allow Media Coverage of Court 
Proceedings.--

    (1) Authority of appellate courts.--
        (A) In general.--Except as provided under 
 subparagraph
        (B) , the presiding judge of an appellate 
 court of the United States may, at the discretion of 
 that judge, permit the photographing, electronic 
 recording, broadcasting, or televising to the public of 
 any court proceeding over which that judge presides.
        (B) Exception.--The presiding judge shall not 
 permit any action under subparagraph
        (A) , if--
            (i) in the case of a proceeding involving 
 only the presiding judge, that judge determines 
 the action would constitute a violation of the 
 due process rights of any party; or
            (ii) in the case of a proceeding involving 
 the participation of more than one judge, a 
 majority of the judges participating determine 
 that the action would constitute a violation of 
 the due process rights of any party.

    (2) Authority of district courts.--
        (A) In general.--
            (i) Authority.--Notwithstanding any other 
 provision of law, except as provided under 
 clause
            (iii) , the presiding judge of a district 
 court of the United States may, at the 
 discretion of that judge, permit the 
 photographing, electronic recording, 
 broadcasting, or televising to the public of 
 any court proceeding over which that judge 
 presides.
            (ii) Obscuring of witnesses.--Except as 
 provided under clause
            (iii) --
            (I) upon the request of any witness 
 (other than a party) in a trial 
 proceeding, the court shall order the 
 face and voice of the witness to be 
 disguised or otherwise obscured in such 
 manner as to render the witness 
 unrecognizable to the broadcast 
 audience of the trial proceeding; and
            (II) the presiding judge in a trial 
 proceeding shall inform each witness 
 who is not a party that the witness has 
 the right to request the image and 
 voice of that witness to be obscured 
 during the testimony of the witness.
            (iii) Exception.--The presiding judge shall 
 not permit any action under this subparagraph--
            (I) if that judge determines the 
 action would constitute a violation of 
 the due process rights of any party; 
 and
            (II) until the Judicial Conference 
 of the United States promulgates 
 mandatory guidelines under paragraph

    (5) .
        (B) No media coverage of jurors.--The presiding 
 judge shall not permit the photographing, electronic 
 recording, broadcasting, or televising of any juror in 
 a trial proceeding, or of the jury selection process.
            (C) Discretion of the judge.--The presiding judge 
 shall have the discretion to obscure the face and voice 
 of an individual, if good cause is shown that the 
 photographing, electronic recording, broadcasting, or 
 televising of the individual would threaten--
            (i) the safety of the individual;
            (ii) the security of the court;
            (iii) the integrity of future or ongoing 
 law enforcement operations; or
            (iv) the interest of justice.
            (D) Sunset of district court authority.--The 
 authority under this paragraph shall terminate 3 years 
 after the date of the enactment of this Act.

    (3) Interlocutory appeals barred.--The decision of the 
 presiding judge under this subsection of whether or not to 
 permit, deny, or terminate the photographing, electronic 
 recording, broadcasting, or televising of a court proceeding 
 may not be challenged through an interlocutory appeal.

    (4) Advisory guidelines.--The Judicial Conference of the 
 United States may promulgate advisory guidelines to which a 
 presiding judge, at the discretion of that judge, may refer in 
 making decisions with respect to the management and 
 administration of photographing, recording, broadcasting, or 
 televising described under paragraphs

    (1) and

    (2) .

    (5) Mandatory guidelines.--Not later than 6 months after 
 the date of enactment of this Act, the Judicial Conference of 
 the United States shall promulgate mandatory guidelines that a 
 presiding judge is required to follow for obscuring of certain 
 vulnerable witnesses, including crime victims, minor victims, 
 families of victims, cooperating witnesses, undercover law 
 enforcement officers or agents, witnesses subject to 

section 3521 of title 18, United States Code, relating to witness 
 relocation and protection, or minors under the age of 18 years. 
 The guidelines shall include procedures for determining, at the 
 earliest practicable time in any investigation or case, which 
 witnesses should be considered vulnerable under this section.

    (6) Procedures.--In the interests of justice and fairness, 
 the presiding judge of the court in which media use is desired 
 has discretion to promulgate rules and disciplinary measures 
 for the courtroom use of any form of media or media equipment 
 and the acquisition or distribution of any of the images or 
 sounds obtained in the courtroom. The presiding judge shall 
 also have discretion to require written acknowledgment of the 
 rules by anyone individually or on behalf of any entity before 
 being allowed to acquire any images or sounds from the 
 courtroom.

    (7) No broadcast of conferences between attorneys and 
 clients.--There shall be no audio pickup or broadcast of 
 conferences which occur in a court proceeding between attorneys 
 and their clients, between co-counsel of a client, between 
 adverse counsel, or between counsel and the presiding judge, if 
 the conferences are not part of the official record of the 
 proceedings.

    (8) Expenses.--A court may require that any accommodations 
 to effectuate this Act be made without public expense.

    (9) Inherent authority.--Nothing in this Act shall limit 
 the inherent authority of a court to protect witnesses or clear 
 the courtroom to preserve the decorum and integrity of the 
 legal process or protect the safety of an individual.
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