Guidelines for Security Cameras in Nebraska Courtrooms

Guidelines for Security Cameras in Nebraska Courtrooms dbrown-butterfield

1. Scope: limitations.

1. Scope: limitations.

   In consultation with the judges of the district, law enforcement, and the county board of the relevant county, a judicial district may determine whether security cameras are a necessary part of courtroom security measures. This rule applies only to courtrooms and the areas adjacent to the courtrooms, clerk’s offices, judge’s chambers, and jury rooms and does not apply to areas of the courthouse that are not for judicial or court purposes.

    There is no requirement for security cameras in any courtroom in the State of Nebraska. Any installation of security cameras shall consider any requirements set out in Nebraska Courts Facility Planning Guidelines & Standards (2016). Installing and operating a security camera in a courtroom does not remove the responsibility of the county sheriff under Neb. Rev. Stat. § 23-1705 but may supplement those responsibilities.

   If by agreement with the county it is determined that security cameras shall be installed in one or more courtrooms of the courthouse, the following guidelines shall apply.

Approved November 26, 2025, effective January 1, 2026.

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2. Agreement

2. Agreement

   Any judicial district and county desiring to have a security camera in a courtroom shall execute a Memorandum of Understanding regarding ownership and maintenance of such cameras and deliver the MOU to the Administrative Office of the Courts and Probation. A template is found as Appendix 1. The State of Nebraska shall not be responsible for the purchase, ownership, or maintenance of courtroom security cameras or equipment associated with the security system or have any legal responsibility for the security cameras or equipment. 

Approved November 26, 2025, effective January 1, 2026.

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3. Records retention and public records.

3. Records retention and public records.

   Security camera video footage and audio recording, if any, of the courtroom may be retained by law enforcement for a period of time agreed upon by the judges and law enforcement or as determined by the technical limitations of the system. The custody of the video and audio recordings belongs to the county and may be a public record subject to the Public Records Act, Neb. Rev. Stat. § 84-712 et seq. Any request for video footage and/or audio recording should be made to the proper custodian for the county.

   If an attorney is conducting business with a client, a judge in the courtroom is having a private conversation with attorneys or others, or a hearing is closed to the public, any security system audio shall remain private and shall not be disclosed. Use of real-time publicly available livestreaming of the video and/or audio of the security system is strongly discouraged. 

Approved November 26, 2025, effective January 1, 2026.

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4. Authority of judge.

4. Authority of judge.

   Nothing in this rule removes the authority of the judge from overseeing and controlling proceedings in the judge’s courtroom, including directing law enforcement to mute security system microphones in the courtroom during court proceedings. 

Approved November 26, 2025, effective January 1, 2026.

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5. Audio recordings not official records.

5. Audio recordings not official records.

   If the security camera system in the courtroom includes audio, any audio recording from the security camera system shall not be considered an official or unofficial record of any court proceeding. 

   Use of any video or audio as evidence in any proceeding is governed by the Rules of Evidence and not by this rule. 

Approved November 26, 2025, effective January 1, 2026.

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6. Technical.

6. Technical.

   There is no requirement that the security camera system has audio recordings. The security cameras shall not obstruct any court cameras or interfere with any court microphones used for official court proceedings. 

   If the courtroom security system has audio recordings, no person shall use the audio to listen in or record for later use any judicial sidebar conferences, jury deliberations, or discussions or conferences between attorneys and their clients that take place in the courtroom. If possible, any security system audio microphones should be muted in those situations. 

Approved November 26, 2025, effective January 1, 2026.

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