In January 2023, New York State Senate Bill S160, sponsored by Brad Holyman-Sigal was not passed by the Senate or the Assembly. What are they hiding?
Senator Brad Hoylman’s proposed a new bill that could revolutionize the state’s judicial system. The bill seeks to allow audio-visual coverage of public judicial proceedings in the appellate and trial courts of the state. This means that cameras would be allowed in courtrooms to film and record proceedings, providing a much-needed increase in transparency to the public as well as access for the handicap.
The Proposal in Detail
The bill would repeal Section 218 of the judiciary law and Section 52 of the civil rights law and replace them with new regulations. At least two compact video cameras, each operated by no more than one camera person, and not more than two still photographers, using not more than two still cameras each, would be permitted to cover trial and appellate court proceedings. One audio system for radio broadcast purposes would also be allowed. Audio pickup for all media purposes would be provided by existing audio systems present in the courtroom. If no technically suitable audio system exists in the courtroom, microphones and related wiring essential for media purposes shall be permissible provided they are unobtrusive and located in places designated in advance of any proceeding by the judge or justice presiding over the proceeding.
The bill also calls for the installation and maintenance of cameras in all supreme, county, city, and appellate courtrooms, with live proceedings transmitted free of charge and in audio-visual form on a publicly available website. Recordings would also be preserved in archival form for continued access, also free of charge. Within 18 months of the effective date of the bill, cameras would also be installed in all family, town, and village courtrooms, with live proceedings transmitted free of charge and in audio-visual form on a publicly available website. Judges or justices presiding over a proceeding would have the discretion to prohibit filming or photographing of particular participants in judicial proceedings to ensure safety and the fair administration of justice.
The full bill can be read here.
The Potential Benefits
The proposal would provide greater transparency in judicial proceedings, enabling the public to have a better understanding of the judicial process. This has the potential to increase public confidence in the judicial system by giving the public a firsthand look at how the courts operate. It would also allow journalists and news organizations to report on court proceedings more accurately and effectively. Additionally, it could increase access to justice by making court proceedings more accessible to those who cannot physically attend a courtroom.
Prior Attempts Have Failed
Several attempts have been made in the past to implement similar reforms. However, all of them have failed, including S.0792-A of 2021-2022 (Introduced by Hoylman), A.9592-A of 2021-2022 (Introduced by Weprin), S.5039 of 2019-2020 (Introduced by Hoylman), A.4216 of 2019-2020 (Introduced by Weprin), and A.4934 of 2017-2018 (Introduced by Weprin), all of which died in the finance and judiciary committees.
Advocacy for the Bill
Overall, the bill proposed by Senator Brad Hoylman has the potential to improve transparency, access, and accountability in New York’s judicial system. It is an important step towards increasing public trust in the judiciary and promoting greater transparency in our government. We urge lawmakers to support this bill and pass it into law. The public deserves access to transparent and open court proceedings, and this proposal would help provide that access.
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