Court Filing
NO. 331
Α.Μ. FILED P.M.
SEP 18 2024
TRENT TRIPPLE, Clerk
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRIBYTANNK MEYER
DEPUTY
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
THE STATE OF IDAHO,
Plaintiff, Case No. CR01-24-31665
VS. ORDER GOVERNING
COURTROOM CONDUCT
BRYAN C. KOHBERGER,
Defendant.
To provide for the orderly disposition of this case, this Order shall govern the conduct of the public and media in the Ada County Courthouse for the entirety of this case, including the jury trial, and supersedes any prior courtroom conduct orders in this case.
The court is mindful of the need to balance (1) the constitutional rights of the defendant; (2) the public's interest and right to information in conjunction with certain constitutional and statutory rights for the public to attend the proceedings; (3) the court's interest in maintaining order and an environment which 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 and security personnel.
With these factors in mind, pursuant to Idaho Court Administrative Rules (I.C.A.R.) 45 and 49, the court orders as follows:
1) SEATING AND ATTENDANCE IN ADA COUNTY COURTROOM
A) Seating for Victim (s), Families of Defendant, Counsel, Other Court Personnel.
Certain seating may be reserved by the court for designated individuals, including but not limited to authorized court personnel, security personnel, the defendant's family, victims ' families, and others specified by the presiding judge.
B) Public Seating. Subject to the need for reserved seating referenced in 1 (A), seating for the public will be permitted in the courtroom, as space permits, on a first come basis. There will be no priority or designated seating for the media. No person may reserve seats, except as indicated in 1 (A) above. Standing attendance when open seating is unavailable will not be allowed.
ORDER GOVERNING COURTROOM CONDUCT-PAGE 1
C) Entry and Exit During Court Proceedings. All spectators, including members of the media and the public, shall be seated before court is in session and during any portion of a hearing.
No entry or re-entry to the courtroom shall be permitted while court is in session.
2) OTHER RESTRICTIONS AND REQUIREMENTS; BROADCAST OF PROCEEDINGS
A) Security Screening. All persons entering the courtroom may be subject to additional security screening. Handbags, backpacks, and other carry-ins are subject to inspection.
B) Cell Phone & Other Electronic Devices in Courtroom. Cell phones, tablets, laptops or any other electronic device shall be turned off or be in " silent mode " and shall not make any sound or create any distraction. Devices SHALL NOT be used to record, photograph or transmit any sounds, images or video from the Ada County Courtroom. No one may talk on a cell phone inside the courtroom. If the use of electronic devices, such as keyboards, are distracting, their use may be prohibited by the presiding judge.
C) Interviews and Reporting. No media interviews or reporting shall be conducted inside the courtroom. The public, including media, is also subject to Administrative Order No. 24-09-01 regarding conduct inside and outside the Ada County Courthouse.
D) Disruptive Behavior. Any activity or behavior which is considered disruptive may result in removal from the courtroom.
E) Streaming of Court Proceedings. Hearings that are open to the public will be streamed at https://www.youtube.com/@idahofourthdistrictcourt. Streaming or broadcasting of the jury trial, if permitted, will be addressed in a future order. Any prior order related to broadcasting of the jury trial in this matter is hereby rescinded.
Any person violating the terms of any portion of this Order may be removed (temporarily and / or permanently excluded) and any recordings or images violating the Order may be seized and / or deleted.
In addition, the person in violation maybe charged with contempt pursuant to Idaho Code Section 18-1801, and or trespass pursuant to Idaho Code Section 18-7008, and / or other such charge (s) as my be appropriate, and also may be imprisoned and / or fined.
IT IS SO ORDERED.
8 day of Dated this day of September 2024.
Steven J. Hippler Administrative District Judge Fourth Judicial District
ORDER GOVERNING COURTROOM CONDUCT-PAGE 2
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
*
ORDER RE: ADA COUNTY ADMINISTRATIVE ORDER
COURTHOUSE-PROCEEDINGS IN
CR01-24-31665 No. 24-09-01 This Administrative Order governs during all hearings and the trial in State v. Kohberger, CR01-24-31665, and related proceedings in that case (" Kohberger matters "). The provisions of this Order control over the provisions of Administrative Order No. 21-05-21-1 where there is a conflict in their terms.¹
Access: Court security personnel may restrict public access to any stairwell or other area of the Courthouse or Courthouse grounds if necessary for security.
Security personnel may also restrict access to any floor of the Courthouse being used for the Kohberger matters to: (1) persons authorized to have access to the courtroom or other rooms being used for the Kohberger matters; (2) persons attending other court proceedings being held on that floor; and (3) persons having business with a court or county entity on that floor. Court security personnel may erect temporary barriers, including in the Courthouse stairwells, to aid in the enforcement of this provision, so long as the barriers do not prevent or substantially impede egress in the event of a fire or other emergency. Court security personnel may organize (or disperse) members of the public and media seeking access to the Kohberger matters as necessary to enable other persons having court business or business with an entity in the Courthouse to have access to the Courthouse.
Administrative Order No. 21-05-21-1 addresses the use or possession of video, audio, and photographic equipment to cover, broadcast, or record court proceedings in various locations throughout the Courthouse. The presiding judge is responsible for decisions concerning the use or possession of video, audio, and photographic equipment in the courtroom or other rooms where court proceedings are being held. See also Order Governing Courtroom Conduct issued in Kohberger, attached.
ORDER RE: ADA COUNTY COURTHOUSE-PROCEEDINGS IN CR01-24-31665-PAGE 1
Seating: Public and media seating in the Kohberger matters open to the public will be on a " first come basis " in a method as determined by the Trial Court Administrator (" TCA "). If a reservation system is utilized by the TCA for the trial, no member of the public or media will be allowed access to the location where the Kohberger trial is being held absent proof of a reserved seat. No person will be admitted into the courtroom while court is in session.
Electronic Devices and Recordings: All cellphones and other electronic devices² must be turned off or be in " silent mode " in any courtroom where the Kohberger matters are being held. No audio or video recording or photography of any kind, except for recording or broadcasting approved by the presiding judge, will be permitted outside of courtrooms or in any other portion of the Courthouse regardless of whether the courtrooms are being used for court proceedings. This prohibition does not apply to spaces in the Courthouse occupied by non-court entities, but does apply to Courthouse common areas, including on the first floor of the Courthouse. It also does not apply inside of courtrooms or other rooms in the Courthouse where court proceedings are being held, if audio or video recording or photography in those rooms is permitted by the presiding judge in the case. No audio or video recording or photograph may be taken of any juror, prospective juror or alternate juror in the Kohberger trial within or on the grounds of the Courthouse, including in any parking areas of the Courthouse.5 2 See also Idaho Court Administrative Rule 49 (" Electronic Devices in Court Facilities ").
3 Whether audio or video recording or photography is permitted at a wedding or adoption ceremony being conducted by a judge in or on the grounds of the Courthouse is at the discretion of the judge performing the ceremony. If the judge presiding over the wedding or adoption ceremony grants this permission, the Trial Court Administration Office must be informed, in advance of the ceremony, and such recording and / or photography must not take place in any area where witnesses, parties or jurors in the Kohberger case are present.
4 See Administrative Order No. 21-05-21-1.
5 Exempt from the prohibitions contained in this Order are cameras and other equipment utilized for Courthouse security and personnel assigned to court security and law enforcement officers responding to an emergency in the Courthouse.
ORDER RE: ADA COUNTY COURTHOUSE-PROCEEDINGS IN CR01-24-31665-PAGE 2
Interviews and Recorded Media Appearances: No media interviews or recorded or live on air sessions or appearances may take place within the Courthouse common areas or courtrooms. Recordings, interviews or broadcasts (media activity) outside of the Courthouse may be restricted in certain areas. Further, no such media activity may restrict or hinder access of the public to or from the Courthouse.
Misconduct: Any unruly or disruptive behavior, as determined by the court or court security personnel, in the Courthouse or at or near the Courthouse entrance areas, may result in removal and may also result in prohibition on further entry onto Courthouse grounds or into the Courthouse and / or the courtroom where the Kohberger matters are taking place.
Any person violating the terms of this Order may be removed and any recordings or images taken in violation of this Order may be seized and / or deleted and / or the person may be charged with contempt pursuant to Idaho Code § 18-1801, and / or trespass pursuant to Idaho Code § 18-7008, and / or such other charges as may be appropriate, the consequences of which may include imprisonment and / or a fine. 6 The terms of this Order expire at the commencement of the next business day after the Kohberger trial has concluded.
IT IS SO ORDERED.
18 day of September 2024.
Dated this Steven J. Hipples Administrative District Judge Fourth Judicial District
CC: All Ada County Judges Ada County Sheriff Sandra Barrios, Trial Court Administrator, Fourth Judicial District Trent Tripple, Ada County Clerk of Court Robert Reisig, Administrative Staff Attorney Idaho Supreme Court 6 See also Title 7, Chapter 6, Idaho Code; I.R.C.P. 75; I.C.R. 42
ORDER RE: ADA COUNTY COURTHOUSE-PROCEEDINGS IN CR01-24-31665-PAGE 3
CERTIFICATE OF SERVICE
September 18, 2074 I hereby certify that on served a true and correct copy of the ORDER GOVERNING COURTROOM CONDUCT to:
WILLIAM W. THOMPSON, JR.
ASHLEY JENNINGS
LATAH COUNTY PROSECUTING ATTORNEY'S OFFICE
VIA EMAIL: paservice@latahcountyid.gov
JEFFERY D. NYE
INGRID C. BATEY
OFFICE OF THE ATTORNEY GENERAL
VIA EMAIL: Jeff.Nye@ag.idaho.gov; Ingrid.Batey@ag.idaho.gov
ANNE C. TAYLOR
ΑΝΝΕ TAYLOR LAW OFFICES
VIA EMAIL: anne@annetaylorlaw.com; doris@annetaylorlaw.com
ELISA G. MASSOTH
ELISA G. MASSOTH, PLLC
VIA EMAIL: emassoth@kmrs.net; legalassistant@kmrs.net
DISTRICT
TRENT TRIPPLE
Clerk of the Court
COUNTY
By:
Deputy PSIO Clerk
ADA
FOR
..... AND
IN
CERTIFICATE OF SERVICE – ORDER GOVERNING COURTROOM CONDUCT (CR01-24-31665)