1. Policy: The Judicial Conference has recently revised its Remote Access Policy1 for both District and Bankruptcy Courts (the “Policy”) which is focused on the extent to which members of the public or media should be permitted access to court proceedings by listening to live audio, without the need to physically attend the proceedings. Under the revised Policy, the presiding judge has the discretion to authorize live remote audio access to members of the public for any portion of non-trial civil or bankruptcy proceedings in which a witness is not testifying, taking care to include measures, consistent with the parties’ responsibilities, to safeguard any confidential, sensitive, or otherwise protected information.
2. Exclusions from These Limitations: As noted in paragraph 1, the Policy’s limitations apply only to members of the “public” and, as such, do not apply to attorneys admitted in this district (or admitted by a pro hac vice order or with such a motion pending), individual pro se parties, corporate representatives of parties, Clerk’s office employees, and all chambers’ staff (including externs) working in the district. The “public” also excludes anyone with a stake in the outcome of the proceeding (as determined by the presiding judge), even if they are not a named party to the specific adversary proceeding or contested matter. No limitation will be placed on remote access to these parties based on the Policy.
3. Discretion of the Presiding Judge: The presiding judge, in his or her discretion, may deny remote access to anyone for reasons unrelated to the Policy. There is no right to remote access if the presiding judge chooses not to permit it.
4. No Public Access to Trials: As noted in paragraph 1, the Policy does not permit remote public access to trials. A “trial” is defined as a final determination in an adversary proceeding. Additionally, the presiding judge has discretion to determine that a contested matter bears such similarity to a trial that no remote access to the public should be allowed under the Policy.
5. No Public Access to Testimony: As noted in paragraph 1, remote public access is not permitted for that portion of a proceeding involving live testimony. “Testimony”, for purposes of paragraph 1, includes only live statements given under oath or affirmation. Proffers of testimony, affidavits, argument of counsel, or information given by a party, but not under oath or affirmation, is not subject to any limitations to access under the Policy.
6. No Public Video Access: The Policy is limited to audio access and does not permit video access to the public.
7. Chambers Control of Public Access: Chambers may choose to control access to the public through various methods, including identifying listeners on Zoom calls, requiring a party to contact chambers for access, or by use of the features in programs such as Court Solutions that may be appropriate in larger Chapter 11 cases. Consult Chambers for logistical details on remote access.
1 Guide to Judicial Policy, Vol. 10, Ch. 4, Sections 410.10 and 420(b). The interpretation of this Policy, as described in these guidelines, is limited to the Bankruptcy Court for the Southern District of Ohio.