This Standing Order supplements the Judicial Conference Committee on Court Administration and Case Management Guidelines for the Cameras Pilot Project in the District Courts ("the Guidelines" available at http://www.uscourts.gov/Multimedia/cameras.aspx). All recordings of court proceedings must comply with both this Standing Order and the Guidelines; where they are believed to conflict, the Guidelines will prevail.
- Participating judges. Video recording will occur only in proceedings presided over by active district or senior judges who have chosen to participate in the pilot project. Judges in this district who are participating in the pilot project are Chief Judge Kathryn H. Vratil, Judge J. Thomas Marten, Judge Julie A. Robinson, Judge Carlos Murguia and Judge Eric F. Melgren.
- Proceedings eligible for recording. Every civil case proceeding presided over by a judge participating in the Cameras Pilot Project and held in open court, other than those excluded under the Guidelines, is eligible for recording.
- Notification of parties. At the inception of each civil case, the clerk's office will notify the parties that future proceedings in the case may be considered eligible for recording. At least 14 days prior to each civil case proceeding that is eligible for recording, the court will send each party, or the party's attorney if represented by counsel, a notice that the proceeding is eligible for recording under the pilot project. Where a proceeding arises with insufficient time to provide such notice, the court will notify parties of eligibility as soon as is practicable. Alternatively, the judge may provide such notice at a conference with counsel or with parties proceeding without counsel.
- Consent of parties. Along with notification, each party will receive a form ("PARTY RESPONSE TO REQUEST FOR VIDEO RECORDING") on which to indicate whether that party consents to the recording of all, part, or none of the proceeding. Parties may indicate as well that they wish to have no recording of specified witnesses. Counsel for each party, or the party itself if proceeding pro se, will return the form on behalf of all persons who will appear for that party at the proceeding to be recorded. For data collection purposes, parties ho do not consent to recording will be asked to describe their reasons. Unless otherwise ordered by the judge, the form should be returned to the email account of the judge's chambers at least five days prior to the proceeding. The court will record party consents on the docket, but the response forms themselves will not be docketed or made publicly available on the court's CM/ECF case management system.
- Hearing on consent. If some or all parties do not consent to recording a proceeding that the judge has identified as eligible for recording, the judge may, in his or her discretion, hold a hearing to discuss the parties' concerns and determine if there are conditions under which the party(ies) would agree to recording some or all of the proceeding.
- Judge discretion. Regardless of party consent, the presiding judge has full discretion to determine that a case proceeding, either in full or in part, should not be recorded.
- Requests for recording from outside entities. Parties, members of the media, or other outside entities need not submit a request for a proceeding to be recorded because the court will seek consent for recording every eligible proceeding. Individuals interested in knowing which proceedings will be recorded should consult the court's website at www.ksd.uscourts.gov.
- Data collection. The completed "PARTY RESPONSE TO REQUEST FOR VIDEO RECORDING" forms will be made available to researchers at the Federal Judicial Center who are conducting an evaluation of the Cameras Pilot Project on behalf of the Judicial Conference Committee on Court Administration and Case Management.
IT IS SO ORDERED.
Dated this 7th day of November, 2011.
BY THE COURT:
s/Kathryn H. Vratil
Kathryn H. Vratil
Chief U.S. District Judge