Updating the rules
Michigan takes a positive step by allowing electronic devices in courthouses.
The Editorial Board
Sun, 19 Jan 2020 05:00:00 GMT
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Michigan has taken a step into the digital age that recognizes the reality of the ubiquitous cell phone and laptop and will now allow them into courthouses. Ohio ought to follow suit.
Under the new policies published by Michigan Supreme Court, people can bring “portable electronic devices” — phones, laptops, and tablets — into courtrooms to take notes on court proceedings, access the Internet and, send or receive texts.
People still won’t be able to photograph or record proceedings without the judge’s approval, and that’s reasonable.
Some judges fretted that people will be distracted by their devices. Or that ringtones will distract the judges, lawyers, jurors, bailiffs, and other professionals trying to do their jobs. They’re right that the courtroom is a place for focus on the business at hand, just like a classroom, church, or the theater. The Michigan rule trusts the public to handle their devices responsibly. This is an expectation that the public will have to live up to.
People use their phones and tablets to take notes and communicate, and judges are right to expect that such devices will be used appropriately and don’t interfere with testimony and deliberation. In other words, not to watch the latest TicTok dance videos with the sound up. The instructions from the judges also free up the public to use their cell phones and tablets in the clerk’s office to take pictures of documents.
This rule was opposed by some Michigan county clerks, who fear the loss of revenue from copying fees. Courthouse regulations should prioritize the public’s needs over those of bureaucrats and elected officials. Fees are based on the costs of services, and if copier use declines, so will the cost of toner and wear and tear on printers.
In this matter, Michigan is a step ahead of some Ohio counties, some of which still restrict possession of electronic devices in courthouses.
Lucas County Common Pleas Court provides locked pouches for the public who enter the courthouse in which to carry their devices, and there they must stay until they exit the building.
Wider latitude should be given to the public in the courthouse, including the ability to quietly text while sitting in the back of a courtroom, to make a phone call in the hallway, or to take pictures of a document in a legal file.