July 18, 2024
One frequently asked question NCSC receives is which states or courts allow personal electronic devices (PEDs) such as a cellphone in courts. Over time, courts have modified rules to allow cellphones in courtrooms while others have forbidden them. A previous Trending Topic noted that states such as Michigan, Virginia, and Massachusetts were reconsidering their banning policies. A later Trending Topic was an update on Delaware’s revision of rules that banned PEDs, and a new policy Illinois adopted allowing PEDs in their courts.
Disruption to court proceedings is one reason cellphones and other PEDs have been banned in courtrooms. Another reason is their ability to record witnesses, jurors, or other individuals and use those images or videos to post on the internet to intimidate or harass them.
However, 97% of adults in the U.S. own a cellphone. Cellphones are not only used for communication but also for online transactions, appointments and reminders, and many other things that may be needed in court, such as presenting evidence or paying fines or fees.
Several recent developments include:
Banned
- Gaston County (North Carolina) Courthouse started banning cellphones in court on July 1 with the exceptions of staff, attorneys and their staff, judges, and people who have evidence stored on their devices.
- In Wichita Municipal Court, Kansas, court users can bring cellphones to the courthouse but must use a pouch that seals it and prevents use while on court business. When leaving the court, court users go to the security desk and use a special magnet to open the bag. This technology has been used in theaters, concerts, and even schools.
- Members of the public and news reporters are no longer allowed to bring cellphones to Cook County, Illinois, courthouses. Jurors, staff, and attorneys are exempted from the rule.
Not banned
- Delaware started a pilot program in February 2022 allowing PEDs in certain courts. After the successful pilot, as of June 1, 2024, use is allowed in all courts.
- The South Carolina Supreme Court ruled recently that everyone may possess their PEDs in court. The new rule allows any party, victim, or witness who is participating in a case to use a PED to present evidence or other information related to a proceeding. To use it, they need the permission of the presiding judge. If not used to present evidence, it must be turned off or placed in silent mode.
As of July 1, we have updated many states and court’s PED policies.
Does your court allow PEDs in the courthouse or courtroom? Share it with us. For more information, contact knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics or subscribe to the LinkedIn newsletter.