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Supreme Court allows phones in courtrooms

News Photo by Julie Riddle The use of cell phones in Michigan courtrooms has long been left to the discretion of individual judges. A new policy of the Michigan Supreme Court will allow electronic devices in all state courtrooms beginning May 1.

ALPENA — Headed to court? Soon, you can take your phone with you.

The Michigan Supreme Court on Wednesday changed the long-standing policy of allowing judges to decide whether cell phones are permitted in their courtroom.

Beginning May 1, portable electronic devices — including phones, laptops, tablets, or other devices that provide internet access — will be allowed in all courtrooms across the state, according to the Supreme Court.

Devices may be used to access the internet, text, or retrieve or store information, such as notes about the proceedings.

In a dissenting opinion, Justice Stephen Markman expressed concern that the solemnity that is an integral part of court would be compromised by the introduction of texting, internet browsing, and game-playing to the courtroom.

“Convenience benefits” to individual users, Markman said, does not outweigh the potential for electronic devices being used to photograph or record court events, illicitly communicate with a jury member or witness, or disturb the court through “inevitable and distracting beeps, buzzes, and personalized ringtones.”

Under the new policy, phones and other devices with cameras may also be used to reproduce public court documents in a clerk’s office after the May 1 deadline. Previously, copies requested from court files in most counties were assessed a copying fee.

Unless granted permission by the judge, photo-taking will still be prohibited in the courtroom and only allowed outside the courtroom with the permission of the person being photographed.

Electronics in a courtroom must be silenced, and calls may not be made when court is in session. Devices may not be used to communicate with attorneys, jury members, or any other courtroom participants.

A judge or court administrator will have the right to stop someone from using a device if it becomes disruptive or distracting or “contrary to the administration of justice,” according to the Supreme Court order.

The Supreme Court took comments from the public about the proposed change during an open session in November. Justices heard about residents forced to leave their devices in bushes outside courthouses, disabled people unable to call for a ride home after court because they weren’t allowed to have a cell phone, and indigent defendants unable to report they would be late for a court hearing because of a missed bus because they had to leave their device at home.

The rule change, which according to the State Court Administrative Office must be followed by all state courts, was largely based on national models already adopted in other states.

The change to cell phone policy in the state will, according to the order, provide consistency from one court to another and increase the ability of residents to use their devices in support of their court cases.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.

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