HF 3952

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:01pm

A bill for an act
relating to courts; requesting creation of a task force to assess expanding use of
audio and audio-visual recording of court proceedings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin ELECTRONIC RECORDING OF COURT PROCEEDINGS TASK
FORCE.
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new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Supreme Court is requested to establish a task force
to evaluate the expanded use of audio and audio-visual recording of court proceedings.
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new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The task force shall include:
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new text begin (1) legal practitioners including at least one judge, a county attorney, a representative
from the office of the public defender, and a family court practitioner;
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new text begin (2) representatives from court administration; and
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new text begin (3) representatives from privacy groups.
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new text begin (b) Members of the task force should represent a cross-section of regions within the
state.
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new text begin (c) The Supreme Court may authorize members of the task force to receive expense
reimbursement as provided in Minnesota Statutes, section 15.069, subdivision 6.
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new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The duties of the task force shall, at a minimum, include:
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new text begin (1) considering whether the use of audio and audio-visual recording of court proceedings
should be expanded;
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new text begin (2) addressing whether audio and audio-visual recording of court proceedings should
be made available to the public upon written request and, if so, what reasonable cost should
be charged for making a copy;
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new text begin (3) determining what equipment and personnel would be needed to ensure that all audio
and audio-visual recordings made available to the public remove any portions that the court,
court rules, or law require be confidential or redacted;
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new text begin (4) identifying what notice and proceedings would be needed to ensure that parties and
witnesses could seek an order prohibiting or limiting public access and inspection of audio
recordings, audio-visual recordings, or both;
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new text begin (5) considering whether audio and audio-visual recording of court proceedings should
be made part of the official record of the proceedings;
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new text begin (6) identifying what costs would be anticipated in connection with expansion of the use
of audio and audio-visual recording of court proceedings; and
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new text begin (7) assessing whether any persons, including but not limited to the following persons,
should be given access to copies of audio and audio-visual recording of court proceedings
from which confidential portions have not been redacted:
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new text begin (i) the Court of Appeals and the Supreme Court of Minnesota;
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new text begin (ii) the presiding judge in the case;
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new text begin (iii) a party to the proceedings or the attorney for a party;
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new text begin (iv) a stenographer or transcription service designated by the court for the purpose of
preparing an official transcript of the proceeding;
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new text begin (v) the Minnesota Board on Judicial Standards; or
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new text begin (vi) the Minnesota Lawyers Professional Responsibility Board.
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new text begin (b) At its discretion, the task force may examine other related issues consistent with this
section.
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new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin Meetings of the task force are subject to Minnesota Statutes, chapter
13D.
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new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The task force is requested to submit a report describing its work,
including a description of current court rules regarding the use of audio and audio-visual
recording, recent actions related to the use of audio and audio-visual recording, and
recommendations for legislative action, if necessary, to implement its findings to the chairs
and ranking minority members of the legislative committees with jurisdiction over civil law
and data practices policy and public safety policy and finance by January 15, 2020.
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new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of its report under
subdivision 5.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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