Bryan Kohberger, Second Amended Order Governing Courthouse and Courtroom Conduct

iii:
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE 0F IDAI-IO, IN AND FOR THE COUNTY OF LATAI-I
STATE 0F IDAHO, Case No. CR29—22-2805
plaintiff, SECOND AMENDED

VS. ORDER GOVERNING
COURTHOUSE AND
COURTROOM CONDUCT
BRYAN C. KOHBERGER,
Defendant.
This Order governs courthouse and courtroom conduct and media activities and may be amended
from time to time.
The court is mindful of the need to balance: (1) the constitutional right of the defendant to a fair
hearing; (2) the public’s right to information in conjunction with the constitutional and statutory rights of
the media to attend the proceedings; (3) the court’s interest in maintaining order and an environment that
permits all participants to focus on their responsibilities without undue distractions; and (4) the court’s
interest in the safety of the public and court personnel, and the need to follow all Idaho Supreme Court
Orders, as may be changed or amended from time to time. With these factors in mind, pursuant to Idaho
Court Administrative Rules (I.C.A.R.) 45, 46(b), and 49,
IT IS HEREBY ORDERED:
I. COURTROOM SEATING AND ATTENDANCE
A) Seating for Victims’ Families. Counsel. Defendant’s Familv. and Court Personnel
Certain seating may be reserved for counsel, authorized court personnel, the defendant’s family
and the victims’ families.
B) Pooled Media Seating

The representatives of the media serving as the pooled camera staff shall be seated in an area
approved by the Court, as designated by the Administrative District Judge, presiding judge,
Trial Court Administrator, or Bailiff subject to a limit of two (2) media members operating the
pooled audio and video recording of the hearing and one ( I) media member handling
the pooled
still photography.
SECOND AMENDED ORDER GOVERNING

COURTHOUSE AND COURTROOM CONDUCT - l
C) General Public and Additional Media Seating
The public and members of the media, not designated as pooled camera staff, may be permitted
in the courtroom as space permits on a first come basis. No person may reserve seats. No
standing in the courtroom will be allowed.

D) Seating in Front of the Bar
No person other than court personnel designated by the Court, the Defendant, and counsel and
their assistants shall be permitted to sit in front of the bar of the courtroom without specific
authorization of the court.

E) Entg and Exit During Court Proceedings
Spectators, including members of the media and the public, shall be seated before court is in
session during any portion of a hearing. No entry or re-entry to the courtroom shall be permitted
while court is in session.
II. GENERAL RESTRICTIONS AND REQUIREMENTS

A) Security Screening
All persons entering the courtroom are subject to security screening. No food, beverage,
firearms, or other weapons are permitted in the courthouse. All handbags, backpacks, or purses
are prohibited in the courtroom. Any personal property items are subject to inspection.
B) Cell Phones
Cell phones are permitted, but must be turned off and SHALL NOT be used for recording or
the transmission of sounds or images. Violation of this rule may result in confiscation of the
phone.
C) Other Electronic Devices

ONLY authorized members of the media, designated court personnel, and counsel and their
assistants may use computers, laptops, and other similar devices for note taking. They SHALL
NOT record or transmit sounds or images in or from the courtroom. Violation of this rule may
result in confiscation of the device.
D) Disruptive Behavior
the Court will result in removal
Any activity or behavior which is considered disruptive by
from the courtroom. Any spectator who creates a visual or auditory disturbance of
the court
and/or the building at any time at the

proceedings may be removed from the courtroom
discretion of court security personnel.
E)
On the date of any hearing in the above captioned matter, if there are any Orders in effect from
either the Idaho Supreme Court or the Second Judicial District Administrative District Judge

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COURTHOUSE AND COURTROOM CONDUCT
regarding COVlD-19 safety protocols, all persons attending any hearing shall be required to
comply with those Orders. Information about such Orders on the date of any hearing may be
obtained from the contacts set forth in paragraph lll(F) below.
III. MEDIA COVERAGE
A) Camera/Still Photography
lf the Court allows cameras in the courtroom and orders that the media coverage be pooled,
then all media shall have access to and share the video, audio, and still photographs received
from the permitted cameras. Members of the media shall designate and agree on the operator
of each camera permitted pursuant to l.C.A.R. 45.

B) Courtroom Media Requirements
Allowed media representatives and their equipment will be located in an area of the courtroom
designated by the Administrative District Judge, presiding judge, Trial Court Administrator, or
Bailiff. The number and placement of pooled cameras being used to audio or video record the
proceedings is subject to the approval of the Court; two (2) audio/video recording devices and
one (l) still camera are permitted inside the courtroom. Any traditional still camera shall have
a silent shutter. No flash photography is allowed. No live broadcasting, transmitting, or
streaming from the courtroom is allowed. No movement around the courtroom will be allowed
during court proceedings. Camera and audio equipment shall not be set up nor disassembled at
any time while court is in session.
C) Portion of Proceedings Which May be Televised
Photography, video, and audio is NOT permitted during a recess in the court proceedings.
“Recess” means any time the judge is not at the bench or is not on the record. No electronic
device shall record the audio and/or video of any bench conference (“side bar”) between the
court and counsel nor any conferences between an attorney and client or conferences among
counsel. No live broadcasting, transmitting, or streaming from the courtroom is allowed.
D) Restrictions on Video and Photographs

No video or still photography shall be taken of any papers, documents, or notes which may be
located on or around counsel tables or used by counsel. No video or still photography shall be
taken of the victims’ families or defendant’s family without their express permission.
E)
News conferences, interviews, or reporting is prohibited inside the courtroom or courthouse
common areas. News conferences, interviews, or reporting in the courthouse parking lot or on
courthouse grounds is prohibited during the hours of 7:00 a.m. to 7:00 p.m. PST. Any news
conferences, interviews, or reporting from the courthouse grounds shall be done in a manner to

COURTHOUSE AND COURTROOM CONDUCT -3
not impede foot traffic, obstruct access to the courthouse, or interfere with the daily operations
of Latah County. Media vehicle parking is prohibited in the upper courthouse parking lot during
of 7:00 a.m. to 7:00 p.m. PST.
'
the hours In addition, any interviews, media reporting, or media
parking shall be subject to any additional orders by the Administrative District Judge or the
presidingjudge.
F) Media Inquiries
Media inquiries and communications regarding these matters shall be directed to Latah County
District Court at [email protected] or by phone at (208) 883-2255; Nate Poppino, Court
Communications Manager for the Idaho Supreme Court at [email protected] or by phone
at (208) 296-9055; or Roland Gammill, Trial Court Administrator for the Second Judicial
District at [email protected] or by phone at (208) 799-3077.
G) [.C.A.R. Rules 45 and 49

All other provisions of Idaho Court Administrative Rules (I.C.A.R.) 4S and 49 apply and any
authorization under this Order may be revoked at any time, without prior notice.
IV. SECURITY
A) Courthouse Area Securig
Security officers may quiet or disperse members of the public or the media so as to not hinder
other members of the public and court stafi' from having access to the building, the Clerk of the
Court’s office, and any other courtrooms or offices in the building.
B) Disruptive Behavior
will result in removal.
Any activity or behavior which is considered disruptive by the Court
be
Any spectator who creates a visual or auditory disturbance of the court proceedings may
removed from the courtroom and/or the building at any time at the discretion of court security
personnel.
Violations of this Order may subject the violator to a charge of contempt. The Clerk of the Court
shall post this Order at locations within the courthouse and provide copies to all interested
conspicuous
parties.
IT IS SO ORDERED.
Dated:
W02 g, 5
Joh C. Judge 1
Ad inistrative District Judge

COURTHOUSE AND COURTROOM CONDUCT -4

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iii:

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE

STATE 0F IDAI-IO, IN AND FOR THE COUNTY OF LATAI-I

STATE 0F IDAHO, Case No. CR29—22-2805

plaintiff, SECOND AMENDED

B) Pooled Media Seating

SECOND AMENDED ORDER GOVERNING

standing in the courtroom will be allowed.

authorization of the court.

II. GENERAL RESTRICTIONS AND REQUIREMENTS

C) Other Electronic Devices

and/or the building at any time at the

SECOND AMENDED ORDER GOVERNING

of each camera permitted pursuant to l.C.A.R. 45.

D) Restrictions on Video and Photographs

SECOND AMENDED ORDER GOVERNING

the hours In addition, any interviews, media reporting, or media

G) [.C.A.R. Rules 45 and 49

Ad inistrative District Judge

SECOND AMENDED ORDER GOVERNING

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