The Supreme Court of Ohio has opened a 45-day period for public comment on proposed amendments to the Rules of Superintendence for the Courts of Ohio regarding recording court proceedings.

The proposed changes include:

Recording of Proceedings
Proposed amendments to Sup.R. 11 would update and simplify the rule language and reflect modern practices using court technology, such as recording proceedings using audio or video and livestreaming proceedings over the internet. The amended rule would also coordinate with the amendments to Rule 9 of the Ohio Rules of Appellate Procedure that have evolved to require written transcripts. Sup.R. 11 specifies methods of preserving the record to include stenographic, audio, or audio/visual, as determined by the court’s administrative judge.

Recording, Broadcasting, and Photographing Court Proceedings
The amendments to Sup.R. 12 address recording by news media representatives and other individuals not related to the court. In particular, it would provide a mechanism for victims and witnesses to object to being recorded, broadcasted, or photographed. Relatedly, the amendments delete portions of former Sup.R. 12(C) and previously existing commentary stating that “[t]he filming, videotaping, recording, or taking of photographs of victims or witnesses who object shall not be permitted.” The language of the Canon of Judicial Conduct that those prohibitions rested on no longer exists. There is, however, a new prohibition on individuals other than media representatives recording jurors, witnesses, and juvenile defendants.

Comments should be submitted in writing before April 15, 2024, to:

Bryan Smeenk
Deputy Chief Legal Counsel
Supreme Court of Ohio
65 S. Front St., 7th Floor
Columbus, OH 43215
or
ruleamendments@sc.ohio.gov