Administrative Order 12-17: Approval of Requests of Audio Recordings
Whereas,
Idaho Court Administrative Rule (I.C.A.R.) 45 affirms the power of the district
or magistrate judge presiding over a public proceeding to limit the
dissemination of audio recordings of such proceeding; and
Whereas,
the Clerk routinely receives requests for audio recordings of court
proceedings; and has routinely released said recordings pursuant to I.C.A.R.
32(d);
Whereas,
I.C.A.R 45(e) directs the administrative district judge to promulgate rules governing
the dissemination of audio recordings outside the courtroom within the
district; and I.C.A.R. 32(i) directs that when
considering sealing all or part of a record the court
is referred to the traditional legal concepts in the law including the right to
a fair trial;
It
is Hereby Ordered that, as of the date of this Order, all requests received by
the Clerk for an audio recording of a public proceeding before any district or
magistrate judge in the Third Judicial District shall be forwarded to the
presiding judge for approval prior to the Clerk generating such recording.
However, in the event that the presiding judge does not respond to the Clerk
within forty-eight (48) hours, excluding weekends and holidays, the Clerk is
authorized to release a copy of the requested recording pursuant to I.C.A.R.
32(d).
It
is Further Ordered that nothing herein shall be construed to authorize the
release or disclosure of information or records exempt from disclosure pursuant
to I.C.A.R. 32.
Dated this 21st day of November, 2012.
Signed
by Thomas J. Ryan, Administrative District Judge
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