Our commissioners court is considering enacting a policy restricting the ability of news media and anyone else to film inside the courthouse. I have drafted an order to accomplish this. My question is, how much (if any) of a penalty can the Court impose for violating this order? I currently have $500.00 and seizure of film, but the court wants to know if they can make this a Class B or A misdemeanor.

I told them that I did not know if a commissioners court can create such an offense without some sort of statutory authority. I have found no statutory authority as far as restricting cameras in the courthouse.

Any help would be much appreciated.

Jim,
Just out of curiosity, where does the Comm. Ct hold its meetings? Isn't the news media going to challenge this proposal? I always seem to read these posts at home without access to the law books but doesn't the open meetings act address filming and cameras?

I'm not positive that the Court has the authority to do this - and if they try, I am certain that the media will bring in some big guns to fight it. I am confident that individual officials can limit the use of cameras in their offices as distracting to employees; I know judges can refuse to allow them in the courtroom. I'm afraid the corridors are open........

For Commissioners Court and any other entity covered by the Open Meetings Act,Texas Government Code 551.023 provides:

551.023. RECORDING OF MEETING BY PERSON IN
ATTENDANCE.
(a) A person in attendance may record all or any part of an open meeting of a governmental body by means of a tape recorder, video camera, or other means of aural or visual
reproduction.

(b) A governmental body may adopt reasonable rules to maintain order at a meeting, including rules relating to:
(1) the location of recording equipment; and
(2) the manner in which the recording is conducted.

(c) A rule adopted under Subsection (b) may not prevent or unreasonably impair a person from exercising a right granted under Subsection (a).

For Trial Courts, see Texas Rule of Civil Procedure 18c.

That was the section I was thinking of that allows recording of the Comm Ct. meeting.
I agree, there may not be any authority for the Comm Ct. to enact such a policy.
Lastly, what if you had a criminal felony trial at which the District Judge wanted to allow cameras?

The policy was voted upon and approved this morning. I did add a provision that nothing would contravene the publics rights under the Open Meetings Act to record the meeting of a governmental body.

The policy provides that cameras will be permitted only with prior approval from either an elected official or a judge. There is also an exception to allow filming in an elected official's office.

Our courthouse is small and is laid out so that everyone involved in a trial, jurors, lawyers, parties, and the public, is crowded into the same public spaces during any recesses.

Nothing in the policy prohibits filming at the courthouse steps either.

We are (someday) going to be moving the district courts, district clerk, and district attorney's offices into an annex that will have better architecture as far as screening jurors and witnesses from the parties and the public during trials. I told the court that any policy governing that building would have to be addressed later and tailored around the specific needs that might exist there.

I know that Lubbock County limits cameras and filmings to the corridor into which the elevators open; the courtrooms are off to the sides down other corridors.

I do appreciate all the input. Hopefully, we are not as wrong here as it might seem.