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District of Massachusetts proposed new L.R. 83.3

District of Massachusetts proposed new L.R. 83.3

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Published by: Ben Sheffner on Apr 14, 2010
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Public Notice Regarding the Local Rulesof theUnited States District Courtfor theDistrict of MassachusettsThe United States District Court for the District of Massachusettsis considering, and is publishing for comment a modification of
Local Rule 83.3
, which would, if modified, be retitled“Photographing, Recording and Transmitting.”The modification of Local Rule 83.3 is designed to update the rulegenerally and specifically to authorize individual judges of thecourt to permit - subject to certain specified limitations - thetransmission of court proceedings on a case by case basis, underthe supervision of the responsible judicial officer, both bybroadcast and by internet. The rule modification is proposed inresponse to a recent decision of the United States Court of Appealsfor the First Circuit, In Re
Sony BMG Music Entertainment
, 564 F.3d1 (1st Cir. 2009), and in accordance with the procedures emphasizedin a recent decision of the Supreme Court.
Hollingsworth v. Perry 
,130 S.Ct. 705 (2010).Copies of the proposed rule are available for inspection in theOffices of the Clerk: in Suite 2300 of the John Joseph MoakleyUnited States Courthouse, 1 Courthouse Way, Boston, Massachusetts;on the 1st floor of the United States Courthouse, 300 State Street,Springfield, Massachusetts; and on the 5th floor of the Harold D.Donohue Federal Building, 595 Main Street, Worcester,Massachusetts. It may also be found on the court’s web site at
 Those wishing to comment on these proposed amendments to the LocalRules for the District of Massachusetts may do so in writing. Allcomments must be received on or before April 16, 2010 and should beaddressed to:Honorable F. Dennis Saylor IVChairman, Rules Committeec/o Helen M. Costello, Operations ManagerUnited States District CourtUnited States Courthouse - Suite 2-300Boston, MA 02210February 17, 2010
Sarah Allison Thornton
Clerk of Court
Rule 83.3 Photographing, Recording andBroadcastingTransmitting(a)Recording and Broadcasting Prohibited
Except as specifically provided in theserules or by order of the court, no person shall takeany photographs, make any recording, ormakeundertakeanybroadcasttransmissionby radio, television, internet, or other means, in the course of or inconnection with any proceedings in this court, on anyfloor of any building on which proceedings of thiscourt are or, in the regular course of the business ofthe court, may be held. This prohibition shall applyspecifically but shall not be limited to thesecond,third, ninth, eleventh, twelfth, thirteenth, fifteenth,sixteenth, eighteenth, nineteenth and twentieth
third,fifth and seventhfloors of the JohnW. McCormack PostOffice andJoseph Moakley United StatesCourthouseBuildingin Bostonand,the fifth floor of the Courthouse BuildingHarold D. Donahue Federal Buildingand Courthouse in Worcester and the third floor of theUnited States Courthousein Springfield.
(b) Voice Recordings by Court Reporters
. Officialcourt reporters are not prohibited by section (a) frommaking voice recordings for the sole purpose ofdischarging their official duties. No recording madefor that purpose shall be used for any other purpose byany person.
Specific Permission.
The presiding judicialofficer ultimately responsible for a proceeding orcase, after notice and an opportunity to interestedpersons or entities to be heard, may permit:(1) the use of electronic or photographic meansfor the preservation of evidence or the perpetuation ofa record, and;(2) thebroadcasting, televisingphotographing, recording, orphotographingtransmittingof investitive, ceremonial, or naturalization proceedings.
; and(3) the photographing, recording, or transmissionof any civil proceeding.
(d) Discretion of Judicial Officer
(1) Initial Capture of Sound and Images.
Thepresiding judicial officer granting specific permissionfor the photographing, recording or transmitting of anyproceeding or case may place such limitations andrestrictions as deemed appropriate in the sole

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