1 STATE OF INDIANA ) IN THE CARROLL COUNTY CIRCUIT COURT ) SS: COUNTY OF MARION ) CAUSE NO. 08C01 - 2210 - MR - 000001 STATE OF INDIANA ) ) Plaintiff, ) ) v. ) ) RICHARD M. ALLEN, ) ) Defendant. ) NOTICE OF NON - PARTY REQUEST FOR NEWS MEDIA ACCESS AND STATEMENT IN SUPPORT FOR DEFENDANT’S MOTION FOR BROADCASTING ORDER The News Media Coalition, 1 by counsel and pursuant to Indiana Judicial Conduct Rule 2.17, respectfully requests that the Court grant them authorization to broadcast, televise, record, digitally stream, and/or photograph future court proceedings in this case. The News Media Coaliti on supports Defendant’s Motion for Broadcasting Order filed on September 13, 2023. In recognition of the strong public interest in this case and the importance of courtroom decorum and solemnity, the News Media Coalition commits to working with the Court a nd the parties to implement appropriate procedures during pretrial and trial proceedings to minimize the impact, if any, of the media’s presence in the courtroom. 1 The “News Media Coalition” refers to the following entities collectively: Indiana Broadcasters Association, Inc.; Hoosier State Press Association, Inc.; The Associated Press; Circle City Broadcasting I, LLC d/b/a WISH - TV; E.W. Scripps Company d/b/a WRTV; Nexstar Media Inc. d/b/a WXIN/WTTV; Neuhoff Media Lafayette, LLC; Woof Boom Radio LLC; TEGNA Inc. d/b/a WTHR; Gannett Satellite Information Network, LLC d/b/a The Indianapolis Star; and American Broadcasting Companies, Inc. d/b/a ABC News. Filed: 9/25/2023 9:20 AM Carroll Circuit Court Carroll County, Indiana 2 I. Non - Party Request for News Media Access Effective May 1, 2023, the amended Code of Judicial Conduct Rule 2.17 gives courts discretion to allow “the broadcasting, televising, recording, digital streaming, or photographing of court proceedings or the courtroom by members of the news media,” 2 so long as “the means of recording will not distract pa rticipants or impair the dignity of the proceedings” and “the broadcasting is restricted to non - confidential proceedings.” CJC Rule 2.17(3). The News Media Coalition accordingly requests authorization to broadcast, televise, record, digitally stream, and/ or photograph future pretrial and trial proceedings in this case. 3 The News Media Coalition intentionally submits this request months in advance of trial, and before further pretrial proceedings are scheduled, to allow ample time for discussion of logisti cs and to address any concerns of the Court and parties. Given the volume of media outlets requesting access, the News Media Coalition commits to working together — and with other members of the news media — to provide a pool feed. A pool would keep the numb er of cameras in the courtroom to a minimum. Additionally, the News Media Coalition is more than willing to participate in an in - person or telephonic conference with Court and the parties to determine the location of the equipment and other procedures tail or - made for this case and courtroom. The News Media Coalition understands the Court’s discretion to interrupt, limit, or terminate broadcast at any time during the proceeding. ( See CJC Rule 2.17, Comment 1.) 2 Comment 2 to Rule 2.17 defines “news media” as “persons employed by or representing a newspaper, periodical, press association, radio station, television station, or wire service and covered by Ind. Code § 34 - 46 - 4 - 1.” All entities part of the News Media Coalition readi ly fit this definition. 3 Carroll County Circuit Court does not appear to have a policy specifying the means to submit a news media request. Counsel for the News Media Coalition contacted Judge Gull’s chambers and the Court Executive for the Allen Superior Court (where Judge Gull sits) to ask whether Judge Gull had a preferred means for submitting news media requests in this case. The News Media Coalition was advised to submit the request as a Motion filed into the case. 3 II. Statement in Support of Defendant’s Motion for Broadcasting Order In his Motion for Broadcasting Order, Defendant requested that the Court issue an order authorizing the public broadcasting of future courtroom proceedings in this cause. ( See Motion for Broadcasting Order, 9/13/23.) The News Media C oalition echoes the sentiments expressed in Defendant’s Motion — including that broadcasting this high - profile case would educate the public on the judicial system, promote transparency, and build the public trust. See Richmond Newsp. , Inc. v. Virginia , 448 U.S. 555, 573 (1980) (the media functions as “surrogates for the public”). The amended Code of Judicial Conduct Rule 2.17, which dovetails with federal and Indiana policy supporting public access to government affairs, was made for cases like this one. Se e Cox Broad. Corp. v. Cohn , 420 U.S. 469, 495 (1975) (“With respect to judicial proceedings in particular, the function of the press serves to guarantee the fairness of trials and to bring to bear the beneficial effects of public scrutiny upon the administ ration of justice.”); see also Ind. Code § 5 - 14 - 3 - 1 (“[A]ll persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.”). The alleged crime s are of paramount importance to the local community and beyond. The public seeks justice for the victims and their families, as well as government accountability in prosecuting and investigating this case. Allowing the news media access to record the proc eedings, coupled with appropriate safeguards to preserve the proceedings’ dignity, would further those key democratic values. WHEREFORE, the News Media Coalition respectfully requests that the Court grant them authorization to broadcast, televise, record, digitally stream, and/or photograph future court proceedings in this case. 4 Respectfully submitted, /s/ Margaret M. Christensen Daniel P. Byron, # 3067 - 49 Margaret M. Christensen, # 27061 - 49 Jessica Laurin Meek, # 34677 - 53 D ENTONS B INGHAM G REENEBAUM LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 - 4900 Telephone: (317) 635 - 8900 Facsimile: (317) 236 - 9907 dan.byron@dentons.com margaret.christensen@dentons.com jessica.meek@dentons.com Attor neys for the News Media Coalition CERTIFICATE OF SERVICE I hereby certify that on September 25 , 2023, the foregoing was filed with the Clerk of the Carroll County Circuit Court and served to all counsel of record via IEFS. /s/ Margaret M. Christensen