Court revises rules for recording devices

There are not many changes for participants in court cases, but persons are advised to leave their cellphones in their cars.

A longstanding rule governing how Superior Courts across the state handle recording devices has been given an update going into effect in May. Despite the rule change, District Attorney Jack Browning believes that anyone coming to court should go ahead and leave their phones safely hidden in the car.

When announcing the change to the rule set to take effect on May 1, the State Supreme Court cited in their order on Rule 22 that keeping courtrooms open are important, but also balancing the rights of those who are spectators versus those who are before the bench are important.

The rule, established to give a guideline to courts on how they should handle the use of recording devices by the news media and other parties in courtrooms, was updated to take into account the use of smartphones in the courtroom.

For those who are taking part in cases, such as witnesses, spectators, or jurors, they along with the news media will still be prohibited from having phones in use as recording devices, meaning that taking a video during the middle of a court case or photos are still out of the question, for instance.

In fact, phone use will be generally prohibited during proceedings by spectators, participants in trials and the news media, but individuals who need to step out of the courtroom to use a device will be allowed.

The change does allow for attorneys, prosecutors and employees of those individuals or the court to use them for purposes where they might be involved in the case, such as presenting evidence to jurors, for instance.

Browning called the new ruling from the court a “big change.”

“It acknowledges the whole world carries cell phones. They are little camera recording devices. Mainly what it does is modernizes the former Rule 22. It acknowledges that lawyers have those things in court, and they need to be able to use them. It is part of the job they are doing in court.”

The rule does leave the use of devices in courtrooms up to the discretion of those judges sitting on the bench, and clearly defines who is allowed to use and who isn’t. It does allow use of cameras and smartphones during celebratory events and ceremonies without any prohibition, but also at a judge’s discretion depending on the event.

Ultimately, Browning said to avoid any issues with phones in court, people should just leave them in the car if they are heading into a courtroom for business.

“It is the path of least resistance to getting things done in court,” Browning said.