The Delaware Judiciary Adopts Permanent Rules to Allow Cellphones and Other Personal Electronic Devices in All Court Facilities

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Following a successful two-year pilot program, the Delaware Supreme Court has adopted a permanent policy that allows cell phones and other personal electronic devices (or PEDs) to be used with restrictions in state courthouses. The permanent policy will go into effect on August 7th. The new cell phone policy will follow the rules established during the pilot, which includes limits on the use of devices in courtrooms along with restrictions on taking photos, audio recordings or videos in courthouses. One exception to the restriction on photos is that the public may use their devices to scan or take an image of non-confidential court documents in court clerk’s offices. Chief Justice Collins J. Seitz, Jr. says Cell phones and PEDs are essential to everyday life and where the public often keeps important personal information, and that by running a pilot effort, they tested whether the program would raise safety issues or disrupt the administration of justice. The Chief Justice concluded that after more than two years of review by a study group, they have not seen a significant disruption or safety concerns, but rather great benefits to the public, particularly those involved in Family Court and Justice of the Peace Court cases. Therefore, this cell phone policy is now permanent.

Copy of the Sign Posted:

CELLPHONES AND OTHER PERSONAL ELECTRONIC
DEVICES (PEDs) ARE PERMITTED IN THE COURTHOUSE

WITH THE FOLLOWING EXCEPTIONS:

PEDs may not be used to take photographs or to record either by
audio or visual means in the public areas of the courthouse.


PEDs may not be used to stream videos to online/social media
services while in the courthouse.


PEDs must be turned off or set to silent mode and put away when
inside a courtroom.


Judicial officers may choose to prohibit PEDs in their courtrooms or
require PEDs to be placed in secure pouches (provided by the court)
when inside the courtroom.


Violations of this policy may result in court staff taking your PEDs
from you while you are in the courthouse. Uncooperative violators
may be asked to leave the courthouse or held in contempt.

PEDs may be used, except for audio and video recording or
photographs, in the public areas of the courthouse so long as the
usage does not create a disturbance or disrupt court business or
proceedings.


PEDs may be used with permission from a judicial officer or court
staff to take photographs or scan non-confidential documents while
in the courts clerk’s offices.


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