IN RE: ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19). (2020)

Order Authorizing Courts to Create Juror Safety PSAs

On March 6, 2020, Governor Holcomb declared a public health emergency in Indiana relating to the 2019 novel coronavirus (COVID-19). As this pandemic continues to affect public health practices, it has required adjustments to judicial operations, including courtroom set-up and jury operations. On May 13, 2020, the Court's Office of Judicial Administration released guidance on continuing court operations, Resuming Operations of the Trial Courts: COVID-19 Guidelines for Indiana's Judiciary. Several jurisdictions – including Allen, Clark, and Warren counties – have released excellent video public service announcements detailing efforts to promote a safe environment for jurors, employees, and other courthouse guests.

Rule 2.17 of the Indiana Code of Judicial Conduct requires judges to prohibit broadcasting, televising, recording, or taking photographs in the courtroom and areas immediately adjacent thereto during sessions of court or recesses between sessions. The rule also allows for an exception with Supreme Court approval or for the purposes of judicial administration.

Being duly advised, the Court ORDERS as follows, effective until further order of the Court:

1. All Indiana trial courts are authorized to record or photograph the physical courtroom and areas adjacent thereto for the purposes of providing the public with visual representations of how the courtrooms have been modified to comply with health and safety guidelines.

2. Courts shall comply with the provisions of Indiana Jury Rule 10, including, but not limited to, the requirement that all personal information relating to a juror or prospective juror not disclosed in open court remain confidential, other than for the use of the parties and counsel.

3. Courts are encouraged to use court staff as stand-ins in such educational videos and shall avoid depicting individuals involved in matters pending before the court, jurors, or individuals involved in confidential court proceedings.

4. All other provisions of Rule 2.17 not inconsistent with this authorization, including but not limited to the prohibition on recording proceedings, remain in effect.

All Justices concur.