Courts try allowing cellphones

A pilot program allowing the public to bring cellphones into some courthouses began Feb. 7.

Downstate, Sussex County Family Court and Justice of the Peace courts 3 and 17, all in Georgetown, are among several courthouses statewide that will allow members of the public to bring their cellphones into the facilities. Since 2005, members of the public have been barred from bringing cellphones and similar personal electronic devices into Delaware Court buildings unless they have received special permission from the court. 

This change in policy follows a year-long study by a Judicial Branch committee to review the cellphone policy, recognizing that the devices have become an essential tool of daily life for many. The committee also recognized that allowing personal electronic devices, such as cellphones and tablet computers, into state courthouses would enhance access to justice for self-represented litigants, and those who depend on them for work and family matters. 

“The courts must strike a delicate balance between the needs of security and decorum, and access  to justice,” said Family Court Chief Judge Michael Newell. “And with the increased reliance on cellphones in our everyday lives, the time seemed right to revisit our long-standing cellphone policy. We are  optimistic that this new pilot program to allow the public to bring in cellphones – with  appropriate limits – will prove beneficial to both the public and the courts by making a trip to the  courthouse less burdensome while maintaining a level of safety..” 

If the program goes well, officials said, it may be  expanded to other court facilities. 

Under the program, members of the public will not be allowed to take photos, or record audio or video in the courthouses, and any phone brought into a courtroom must be turned off or silenced.  This new policy, however, will allow members of the public to photograph or scan nonconfidential court documents or files in the clerks’ offices. 

If a judicial officer believes there is a cause for concern or a need to maintain security or  decorum, they may direct that a phone or personal electronic device be temporarily  secured in a tear-proof locking pouch. The pouch will prevent use of the device until the proceeding has concluded, at which time a court employee will release the lock on the pouch, allowing an individual to regain use of their device. Failure to follow the court rules or abide by  instructions from court officials may result in the device being confiscated for the duration of a courthouse visit. 

This project is only a pilot, and the rules may be adjusted as it is implemented. Lessons  learned from this pilot project will help the committee formulate recommendations for possible expansion to other state court facilities. The committee was formed by the chief justice in December 2020 and included representatives from each of Delaware’s state trial courts, the  Department of Justice, Office of Defense Services, Delaware State Bar Association, Delaware Community Legal Aid Society and Delaware Capitol Police. 

The full committee report is available on the Administrative Office of the Courts’ Publications  and Reports webpage, courts.delaware.gov/forms/download.aspx?id=133868.