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Media Coverage at the Courts

The Oregon Constitution says: “No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay…”

Oregon state courts strive to meet our constitutional obligations to provide impartial justice completely and without delay, while being open and accessible to all Oregonians. That means courts must balance two fundamental constitutional rights: the right to a free press and the right to a fair trial. 

Courts must consider both the public’s right to attend courtroom proceedings and the ways that having media in the courtroom can influence the fairness of a proceeding. We work to foster an environment that protects the safety and privacy of parties, victims, jurors, and witnesses.

The Oregon Judicial Department adopted Uniform Trial Court Rule (UTCR) 3.180 to provide guidelines for balancing these interests. We value the role of the media in ensuring open courts and appreciate your cooperation with these rules.

Cameras, Phones, or Laptops in the Courtroom

Generally, courts allow the media to bring electronic devices into the courtroom. However, you MUST obtain approval from the court BEFORE doing so.

Each item listed below requires explicit permission. Having permission for recording or electronic writing does NOT automatically give you permission to transmit your recording or writing. When requesting permission from the court, be specific about what it is you're asking to do.

Under UTCR 3.180, you need advance permission from the judge or court designee before you:
  • Take electronic notes or do other electronic writing in the courtroom.
  • Electronically record in the courtroom or other court areas, including hallways and lobbies. 
  • Transmit electronic recordings or writings from the courtroom, including live-streaming and transferring video files electronically.
  • Transmit electronic writing directly and specifically to a witness while remotely observing or participating in a proceeding, unless the witness has been excused by the court.

Some courts have forms on their websites you can fill out to request permission. Find your circuit court website.

Potential Limits to Recording

The court may:

  • Limit the number, type, location, and operation of electronic devices. Generally, one video camera, one still camera, and one audio recorder are allowed for each proceeding. 
  • Require pool coverage. All pooling arrangements are up to the media participants, including arrangements for sharing, verifying technical capabilities, and resolving disputes.
  • Allow you to write or record, but not transmit (specific permission is required for each).
  • Impose other limits to preserve decorum or protect jurors, witnesses, or parties. 
  • Deny your request if you cannot demonstrate that you understand this rule.
  • Revoke permissions if rules are violated or media can’t agree on pooling.
  • Have additional rules specifically for their court, often known as Supplementary Local Rules (SLRs). Check with the trial court administrator to learn more.

Recording is never allowed for:

  • Juvenile cases
  • Many family law cases (dissolution, paternity, custody, visitation, support)
  • Civil commitment proceedings
  • Protective orders (abuse, restraining, stalking orders)
  • Voir dire (jury selection)
  • Proceedings related to sex crimes, if the victim has requested no recording
  • Private conversations or notes (including with judges, attorneys, and clients)
  • Jurors in any court area during the course of the juror's trial
  • Times when the court is in recess or off the record

Definitions

Uniform Trial Court Rule 3.180 defines the following terms:

Electronic recording:
  • Video or audio recording and still photography.
  • Includes using a cell phone, tablet, computer, camera, audio recorder, or any other means.
Electronic writing:
  • Taking notes or otherwise writing by electronic means.
  • Includes, but is not limited to, word processing software, texts, emails, and instant messages.
Electronic transmission:
  • Sending electronic recordings or writings.
  • Includes, but is not limited to, emails, texts, instant messages, live-streaming, or posting to social media or networking services.