Illinois Supreme Court approves new policies for Extended Media Coverage in the Circuit and Appellate Courts

The Illinois Supreme Court has approved a new policy for Extended Media Coverage (EMC) in the Illinois Courts including policies for the circuit courts and appellate courts. This policy replaces the previous policy that has been in place since EMC became permanent in 2016.

The EMC Program, also called Cameras in the Courts, began as a pilot in 2012 to bring increased transparency to Illinois Courts. This successful program is conducted in partnership with media outlets to open court proceedings to a broader audience.

The updated policy was put together by the Illinois Judicial Conference's Public Education and Engagement Task Force with input from judges, trial court administrators, circuit clerks, attorneys, media and other court staff. The Task Force also created sets of fillable forms for both the circuit and appellate courts. These forms will be available on the Illinois Courts website in the coming days.

Key changes to the new policy include:

1. Allows media to request EMC statewide.

a. EMC is currently limited to certain counties or courthouses in certain circuits.

b. The judge presiding over the proceeding continues to maintain discretion to deny the request or grant it with reasonable restrictions.

2. Provide a reason if denied: If EMC is denied, the judge must provide a reason in the order.

3. EMC points of contact: The reliance on circuit-wide media coordinators has become less practical as newsrooms shrink across Illinois. To address this issue, "media coordinator" has been redefined and a new role of "court media liaison" has been established to assist in facilitating EMC requests.

4. News Media Redefined: A more robust definition of news media has been approved.

a. Current: "News Media", in general, means established news gathering and reporting agencies and their representatives whose function is to inform the public.

b. New: "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation that, in a professional capacity, produces news content aimed at informing the public. In determining whether a requestor fits the definition of news media, these factors should be considered:

• A requestor's membership in a news/media trade or industry organization;
• A requestor's personal connection to the proceeding;
• A requestor's editorial process, which should promote accountability and
• adherence to extended media coverage policies, rules, and content-sharing
• (pooling) obligations; and
• How the requestor, if granted access, would impact a party's right to a fair trial.

5. Timing of requests

a. EMC request timeframe shortened from 14 to 7 days.

b. Objection from parties changed to "within 3 days of receiving notice of the request".

6. No more reporting: The quarterly tracking requirement has been eliminated. This was part of the original pilot program and is no longer necessary as EMC is well established.