RULE 46:
Body Worn Cameras
A. Intent
This rule establishes guidelines for the review and dissemination of recordings made by body-worn cameras used by law enforcement officers while conducting law enforcement duties in the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch ("Court").
The purpose of this rule is to ensure confidentiality and security of court records, especially those records made in juvenile court, where a high level of confidentiality is required by law.
B. Definitions
1) Body-Worn Camera (BWC): A portable recording device worn by law enforcement officers to capture audio and video footage.
2) Courthouse: for the purpose of this rule, the courthouse located at 373 South High Street, Columbus, Ohio 43215 includes floors 3, 4, 5,6, and 10. This includes but is not limited to: elevators, hallways, service windows, including all courtrooms, public areas, and secured areas.
3) Recording Devices: any device used for the purpose of recording whether it be analog, digital, or other means of recording, including but not limited to computers, cell phones, smartphones, tablets, voice recorders, cameras, or any other similar device.
4) Recorded Material: Any audio or video content captured by a BWC during law enforcement activities.
5) Secured Areas: for the purpose of this rule, secured areas include, but are not limited to judges’ chambers, magistrates’ offices, staff attorneys’ offices, back-hallways, or any other area in the courthouse which requires badge credentials to access.
C. Use of Recording Devices in the Courthouse
1) During the Course of Normal Business
a) The use of BWC is permitted in non-secured areas of the Courthouse on floors 3, 4, 5, 6, and 10, at 373 S. High Street, Columbus Ohio 43215. When an officer is in the Courthouse, the BWC may be running in stand-by mode and engaged to record as required by the officer’s training.
b) The use of BWC is not permitted inside courtrooms.
c) The use of BWC is not permitted in secured areas of the Courthouse. When an officer is in a secured area, the BWC must be powered-off.
2) In the Event of An Emergency
If an officer is responding to a panic button call, or other known emergency in the courthouse, the officer is permitted to power-on the BWC and engage the recording of the incident in line with the officer’s training.
D. Review & Dissemination of Public Record requests for BWC Recordings:
1) Public Records. All recorded material captured by a BWC is retained by the law enforcement entity. These recordings may be public records, subject to Ohio's Public Records Act. (ORC 149.43)
2) Redaction Procedure. When a request for copies of recorded material originating from a BWC worn while conducting business in the Domestic Relations Division or Juvenile Branch, the Court requires the following to occur:
a) Notification: The law enforcement agency must immediately notify the Court’s Legal Director of the request for public information. Notification must also include access to the requested recorded material, unredacted and unedited, along with a redacted copy of the recording.
b) Review for Redaction: The Court's Legal Director shall review the requested material to determine what additional redactions are required by law, and any other relevant precautions related to confidentiality and legal requirements.
c) Report and Entry: Findings made by the Legal Director are reviewed by the Court Administrator and Administrative Judge.
d) Determination: The final decision as to release, redact, or withhold recorded material is made by the Administrative Judge of the Court. This determination is returned to the originating law enforcement entity for final action.
E. Compliance
All parties involved in court-related business must comply with this rule. Non-compliance may result in sanctions as determined by the Court.
F. Effective Date
This rule shall take effect on March 1, 2024 and shall apply to all proceedings initiated on or after that date.