KRDO13 Investigates: Colorado courts temporarily suspend livestreaming of criminal proceedings
STATEWIDE, Colo. (KRDO) -- The Colorado Judicial Department is temporarily suspending the livestreaming of criminal proceedings in state trial courts, citing the misuse of livestream content and growing disruptions to virtual courtrooms.
Chief Justice Monica Márquez issued Chief Justice Directive 26-01 on Tuesday, establishing a 90-day, statewide pause in the livestreaming of criminal proceedings.
The directive does not eliminate public access to court proceedings. Members of the public can still attend physical courtrooms, and virtual participation by parties, victims and witnesses will continue under existing procedures.
The directive also does not change the process for Expanded Media Coverage under Rule 3 of the Public Access to Information and Records Rules.
Judicial officers will retain discretion to livestream criminal proceedings when they determine it is appropriate. The directive shifts the presumption away from livestreaming but does not prohibit judges from allowing it.
According to the Colorado Judicial Department, the temporary pause is intended to give officials time to address problems that have worsened over the past two years, including the misuse of livestreamed court content and disruptions to virtual proceedings.
During the 90-day period, the department plans to:
- Train judicial officers to manage risks associated with livestreaming and apply required statutory findings.
- Explore technological solutions to better manage disruptions to virtual proceedings.
- Prepare standardized instructions for cases in which statutory findings support turning off a livestream.
- Examine potential legislative measures to strengthen enforcement against illegal recordings.
- Establish a statewide data collection framework to evaluate whether the pause reduces misuse.
- Review Rule 3 governing Expanded Media Coverage and related guidelines.
- Consider new or amended Supreme Court rules or chief justice directives aimed at maintaining the integrity of the judicial process.
The department said the pause is temporary and is intended to support long-term public access while protecting defendants, victims, witnesses and others involved in court proceedings.
Back in July, the Colorado Judicial Department told KRDO13 Investigates there were at least 28 instances of virtual court disruptions. The department now says that number has increased, but it did not provide an exact number.
An executive summary explaining the directive, the reasons for the pause and the department’s planned actions is available through the Colorado Judicial Department’s website.
Officials said they will provide updates throughout the 90-day period and continue working with members of the media covering the state court system.
Colorado Springs attorney Jeremy Loew says the stoppage could trigger a First Amendment case.
"It's pretty significant, right? We made the court system accessible to everyone around the world, and now we're completely shutting that down, because of a couple bad players," Loew said. "What they're saying is we're just shutting the whole thing down. We're not making it accessible to the public for recording purposes."
The Colorado Judicial Department says this decision was reached after two years of searching for solutions to this problem. The department tells KRDO13 it exhausted all options before reaching this decision.
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