Rule Impacts Report

Supreme Court

 RULE  AFFECTS  SUMMARY AND IMPACT

SCR Rule 42

R-11-0033

Superior
Justice
Municipal

Judges
Clerks
Admin

Summary:  The amendments provide ethical guidance in situations in where there may have been conviction of an innocent person.

Amendments to ER 3.8 provide this guidance to prosecutors, and a new ER 3.10 provides the guidance to lawyers generally.

Impact:  Among other things, a prosecutor or a lawyer who becomes aware of evidence that a convicted defendant did not commit the offense that gave rise to the conviction has an ethical responsibility to notify the court in which the defendant was convicted.


SCR Rule 123

R-13-0002

Superior

Judges
Clerks
Admin

Summary: The rule amendments identify minute entries and orders in family law cases that courts may provide online. The modification also clarifies that certain information about protective orders is excluded from “case information” and cannot be published online in any circumstance.

  • Case information may be provided for family law matters, with minute entries limited only to those issued during hearings conducted in open court or in chambers when one or more parties or their counsel are present.
  • Case information does not include any information regarding the registration of, filing of a petition for, or issuance of an order of protection or an injunction against harassment if publication of that information would likely reveal to the public the identity or location of the party protected by the protective order.

Impact:  Case management systems must be configured to prevent online publication of under-advisement family law rulings and specified information about protective orders. A new comment states, “Courts and clerks of court should prominently note on their document access website that it may not display all documents in a case and that additional or subsequent documents or orders may be available from the court or clerk of court.”


SCR Rule 122

R-13-0012
Municipal

Judges
Clerks
Admin
Summary: These amendments update, clarify, and restyle this rule on use of video and audio recording devices during a court proceeding.
  • The amendments include nine definitions (camera, courtroom, coverage, judge, person, personal audio recorder, proceeding, recording device, victim)
  • A person who wishes to record a proceeding “submits” but does not file the request
  • A request must be submitted seven days before trial, or 48 hours before any other proceeding
  • A new “factor” is added (whether the person making the request is engaged in the dissemination of news to a broad community)
  • Provisions have been added regarding victims
  • The judge has discretion to allow more than one camera
  • A person may verbally request permission to photo or record a celebratory or ceremonial proceeding
Impact: The rule amendments require courts to use reasonable means to inform the public of the prohibitions of this rule.
 

Note that anyone using a personal audio recorder (an audio recording device that is held by, on, or near the person) must notify the court of intent to use the device.  Although the user need not comply with the other requirements of Rule 122, informing the court of intent-to-use will alert the court of an unofficial recording.


SCR Rule
122.1


R-13-0013
Superior
Justice
Municipal

Judges
Clerks
Admin
Summary: This new rule concerns permissible uses of portable electronic devices by visitors to the courthouse (attorneys, parties, jurors, witnesses, and members of the public.)   It governs use of those devices in the courtroom for functions other than recording, as well as general use of portable electronic devices, including recording, elsewhere in the courthouse.

This new rule includes two definitions (portable electronic device, courthouse.)  It also provides that

  • No one may photo or record in a courtroom except as allowed by Rule 122
  • No one may photo or record people in the courthouse without their consent
  • A court by local AO may further limit photos or recording in the courthouse
  • Jurors may not use a portable electronic device in a courtroom during a trial, or in a jury room during deliberations (but they may use a device during breaks)
  • Attorneys, parties, and members of the public may use a portable electronic device in the courtroom (but not for phone calls or other audible functions)
  • A judge has authority to terminate use of a device in the courtroom that may be disruptive or distracting
  • Except as otherwise provided in this rule, anyone may use a portable device elsewhere in the courthouse, unless use is disruptive or use may compromise courthouse security

Impact: Like Rule 122, Rule 122.1 also provides that a court must use reasonable means to advise courthouse visitors of the provisions of this rule. Rule 122.1 also provides that a violation of the rule may be punishable as contempt.