How to Cover a High-Profile Trial: Credentials and Seats

Why do high-profile trials work differently?

Courts can limit press presence when a defendant's rights are at stake. In Sheppard v. Maxwell, the U.S. Supreme Court said press presence at judicial proceedings must be limited when it is apparent that the accused might otherwise be prejudiced or disadvantaged ^[1].

Expect limits such as seat caps, pools, and overflow rooms. The rest of this guide shows real examples.

Your starting point is simple. The federal judiciary's guide says journalists have the same access to courthouses and court records as other members of the public ^[2].

This guide leans on federal court material. If your trial is in state court, check your state's law and ask that court for its rules.

Who do you contact first?

Start with the clerk's office. The federal judiciary advises asking before a trial or hearing whether there are special media arrangements, such as reserved courtroom seating or a separate media room ^[2].

The rules are local. Some rules and statutes govern all federal courts, but circuits and districts have substantial autonomy to set local rules and practices ^[2].

Ask early. Ask these questions:

• Are any seats reserved for media, and how do you request one?
• Does the court issue its own credentials, and who needs one?
• Where may you use a phone or laptop?
• Is there an overflow room or a media room?
• Is there an approved area for interviews?

Do not assume pretrial hearings stay open. Most federal pretrial hearings are open to the public, but either party may ask the judge to close certain proceedings ^[2].

Video from New England First Amendment Coalition (YouTube, 32:47, uploaded 2022-03-11). Open at youtube.com. Content from youtube.com loads only if you click.

Do you need a press credential to cover a trial?

It depends on the court and the case. Two federal examples show how much the answer can change.

In its notice for United States v. Robert Hunter Biden, the District of Delaware said members of the media did not need court-provided press credentials ^[3]. The same notice said only District of Delaware credentialed press could bring electronic devices into the courthouse ^[3].

In United States v. Slager, the court's orders differed between jury selection day and the trial ^[4]. For jury selection day, the court said media credentials were not required and there would be no special media accommodations ^[4].

For the trial itself, the court's order required court-issued credentials to bring in electronic equipment, access the media overflow room, or use the court-approved interview area ^[4]. You needed one to bring electronic equipment into the courthouse, enter the media overflow room, or interview in the court-approved area outside ^[4].

Passes can also run on different clocks. The National Center for State Courts describes permanent passes as valid for the whole trial and daily passes as good for one day only ^[5].

Do not confuse the court's badge with your own press ID. If you want a way to show who you are as an independent reporter, see how a press credential can document your work. Court-issued credentials are separate, and some courts require them for certain access, so ask the clerk whether the court issues its own ^[4].

Carry a second form of ID too. The Reporters Committee advises keeping a government-issued photo ID in your pocket in addition to a press pass ^[6].

If you want to know more about the association behind that credential, you can learn about the National Press Association.

How does courtroom seating work?

Seating can be limited, and courts may cap, reserve, or pool seats ^[3]. Courts use caps, reserved seats, and overflow rooms.

In the Delaware notice, the court limited the courtroom to two members from each news outlet to ensure fair access ^[3]. In the Slager order for jury selection day, no public seating was available except two reserved media seats. One was for a print pool reporter and one for a pool sketch artist ^[4].

Timing matters. In the Slager trial order, media with allocated seats had to be seated fifteen minutes before proceedings began each day ^[4]. The Delaware notice said a person who left before the hearing finished would not be allowed to re-enter ^[3].

Plan your day around that. Do not count on stepping out for a call and returning to your seat.

Some courts, such as the District of Delaware in one notice, offered an overflow room with a video stream ^[3], so ask the clerk whether yours does ^[2]. The Delaware notice said people who could not attend in the courtroom could watch a video stream in an overflow room ^[3]. In the Slager trial order, you needed court-issued credentials to enter the media overflow room ^[4].

The two court documents below are notices for single cases. Read them as examples of how a court writes its media rules, not as rules for your court.

Document · U.S. District Court for the District of Columbia

Advisory Regarding Media and Public Access, United States v. Reffitt, 21-CR-0032 (D.D.C., Feb. 25, 2022)

Open at dcd.uscourts.gov

Document from U.S. District Court for the District of Columbia. Open at dcd.uscourts.gov. Content from dcd.uscourts.gov loads only if you click.

How does pool coverage work?

A pool shares seats when demand beats supply. The National Center for State Courts says one option is a working committee of media members that sets the criteria for seat assignments, including pool assignments, when demand exceeds available seats ^[5].

Pool duty is a job, not a perk. The same source says the organization named as the pool representative must fulfill all assigned obligations and responsibilities in a timely manner ^[5].

If you are the pool reporter, treat that as a deadline. Meet your assigned pool obligations on time, as the National Center for State Courts says a pool representative must ^[5].

Sketch artists can be part of a pool too, as the Slager jury selection order shows ^[4]. Ask the clerk whether your trial has one.

The recording below is a discussion about covering criminal trials. Check current court rules before you rely on any detail from it.

Can you use a phone or laptop in the courtroom?

Maybe. Check before you carry anything in.

Even in a federal court that generally permits electronic devices, individual judges may still prohibit them inside courtrooms ^[2]. A judge may also bar live blogging or social media apps even where court rules allow devices ^[2].

Some courts restrict devices at the door. In the Delaware notice, only District of Delaware credentialed press could bring electronic devices into the courthouse ^[3]. In the Slager trial order, court-issued credentials were required to bring in electronic equipment ^[4].

Do not treat live posting as a given. Ask the clerk whether the judge has said anything about it, and follow the answer ^[2].

Also stay in your place. The federal judiciary's guide tells journalists not to cross from the public gallery into the well of the courtroom, generally marked by a short rail, without permission from the judge or a court employee ^[2].

Can you take photos or video inside a federal courtroom?

Generally, no. Federal Rule of Criminal Procedure 53 prohibits photographs in the courtroom during judicial proceedings and broadcasting from the courtroom ^[7].

Judicial Conference policy goes further. Except as its chapter authorizes, it does not allow civil or criminal courtroom proceedings in the district courts to be broadcast, televised, recorded, or photographed for public dissemination ^[7].

Your phone counts. The federal judiciary's guide says the recording prohibition covers cell phones and other personal electronic devices, even where the public may carry them ^[2].

You may still have a place to film. Under local rules, courts may designate areas away from the courtroom where cameras can be used for interviews and TV reports ^[2]. In the Slager trial order, you needed court-issued credentials to use the court-approved interview area ^[4].

What is the step-by-step routine?

Use this checklist. Adjust it to the court's own notice.

1. Call the clerk's office and ask about reserved seats and media rooms ^[2].
2. Ask whether the court issues its own credentials and how to register. Some courts tie devices, overflow rooms, and interview areas to that badge ^[4].
3. Learn the seat rules. Ask whether there is a per-outlet cap, a pool, or an overflow room ^[3].
4. Pack a government photo ID along with your press ID. ^[6]
5. Ask whether the judge allows devices and live posting. Do not rely on court-wide rules alone ^[2].
6. Arrive early. In the Slager trial order, media with allocated seats had to be seated fifteen minutes before proceedings began each day ^[4].
7. Stay in the public gallery unless the judge or a court employee lets you cross the rail ^[2].
8. Plan not to leave mid-hearing. The Delaware notice said anyone who left before the hearing finished would not be allowed to re-enter ^[3].
9. If you are in a pool, meet your assigned obligations on time ^[5].

If you want a plain explanation of what an association credential is and is not, read our guide to press credentials for independent reporters.

What if the judge closes the courtroom?

It can happen. Either party may ask the judge to close certain proceedings, even when most pretrial hearings are open ^[2].

If a judge will not let you speak and orders the courtroom cleared, the Reporters Committee says not to refuse to leave ^[6].

Leave calmly. Then check your state's law and talk to a lawyer about next steps.

What are the limits of this guide?

This guide is not legal advice. It draws on federal court materials and a few single-case notices.

A notice for one case is an example, not a rule for your court. Districts and circuits set many of their own practices ^[2]. A judge can also add restrictions on top of court-wide rules ^[2].

Always get the current notice or order from the clerk. If you face a closure, a gag-order question, or a contempt threat, check your state's law and speak with a lawyer.