The Illinois Supreme Court recently announced that every state courthouse in Illinois will be required to adopt individual orders or rules regarding the use of portable electronic devices, like cell phones or personal computers, within courthouse buildings and courtrooms.
This update follows a recommendation by the Supreme Court’s Access to Justice Commission (ATJ Commission). The ATJ Commission’s Court Guidance & Training Committee began working on a policy and recommendation in 2018 and gathered a working group of stakeholders, including many sheriffs.
“The courts must adapt with the times, and this is an important way to address the needs of court users,” Chief Justice Anne M. Burke said. “It is no longer realistic to ask people to leave cell phones and other electronics at home when they visit courthouses.”
Reducing roadblocks for SRLs
While many courthouses already allow courtroom staff, lawyers, and jurors to have electronic portable devices in courtrooms, some have barred members of the public and self-represented litigants (SRLs) from doing the same, which has created roadblocks for court users, said Jill Roberts, Supervising Senior Program Manager in the Access to Justice Division of the Administrative Office of the Illinois Courts.
For example, in today’s hybrid court system, court users may appear in person at their courthouse only to be directed to attend court on Zoom, Roberts said. While some courthouses have “Zoom rooms” for this purpose, court users are often asked to use their cell phones when these spaces are unavailable.
If users knew phones weren’t allowed in the courthouse and left theirs at home, they risk not being able to make their appearance on time despite being at the courthouse.
Additionally, the lack of mobile devices has complicated scheduling additional court appearances, arranging rides home from the courthouse, and completing mandatory e-filings at court e-filing stations, which requires the verification of a link sent by email.
“If you don’t have your cell phone with you, it is impossible to verify that email since nearly all email programs require authentication if logging in from a new device, verification that is usually sent to your cell phone,” Roberts said.
Anecdotally, Roberts said that she has heard of people rushing to their cars to get a verification code or link sent to their cell phone, but then never coming back to the courthouse, possibly abandoning their cases entirely.
Allowing courts to establish policies
The new policy permits individual courts to address any security issues by allowing restrictions on the use of portable electronic devices in a circuit court’s local orders or rules. If devices are restricted, however, courthouses must provide free storage for the equipment.
Champaign County, the first county to publicly change their policy, has opted to allow the general public to bring cellphones and other portable electronic devices into county courthouses. However, there are caveats.
For example, devices aren’t to be used in a courtroom without the judge’s permission and the public isn’t permitted to take photos, audio, or video in the courtroom except for events like weddings and graduations in problem-solving courts.
Even with these restrictions, Roberts says allowing cell phones and other devices in the courthouse makes accessing information to support legal matters easier.
“SRLs having access to their devices while in the courthouse allows the ATJ Commission to further promote and develop web-based resources that people can access on their mobile devices while in the courthouse to get information and resources they might need,” Roberts said. “Although we certainly need to be mindful of the digital divide, more and more people have access to a mobile device, and we can rely on that to offer and expand the resources and information available to litigants.”
Where will this policy take effect?
Individual courts will decide the exact parameters of portable electronic device usage in their courtrooms. Some counties have already embraced the change, while others, like McLean County, have maintained stricter guidelines.
In either event, instructions from the Illinois Supreme Court mandate clear signage explaining policies and restrictions.
Nationally, the National Center for State Courts lists policies on portable electronic devices for court systems in 33 U.S. states and territories. Each policy attempts to balance the necessity of portable devices for a variety of court functions with potential security and safety risks.
In 2017, the U.S. Judicial Conference provided detailed guidance for courts on creating policies for the use of portable communication devices in courthouses.
Related reading:
- Illinois Supreme Court Policy On Portable Electronic Devices
- Ethical Considerations for Lawyers When Texting Clients
- NCSC Survey Finds Public Wants Remote Court Hearings to Continue Post-Pandemic
- What Technology Tools Are Growing Law Firms Using?
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Free storage is not good enough. Everyone should be allowed to bring their device inside all courthouses. Use inside courtrooms should be prohibited (with exceptions noted) or at any time with a judge’s permission. Self-represented people may have notes, caselaw etc. stored on their phones. People including those with counsel may have their calendars on their phones and need to consult when arranging continuances. Sometimes calls need to be made to check availability of witness, childcare, and many other things and a person should be able to step into a hallway to make those calls not get their phones out of free storage, leave the building, make the calls, put the phone back in storage, go through security and back to the court. A large notice that says unpermitted use of phones in the courtroom at any time will result in phone confiscation and destruction as well as contempt of court and possible jail.
I tried filing a no stalking order, which I did need my cellphone and wasn’t allowed to bring it with me so I guess I cannot file the order. The gentleman downstairs said talk to your court appointed attorney, suggesting I was there for a case without even asking or knowing that I was only trying to file the order the police had told me to do. I find this extremely unacceptable!
If lawyers representing clients get access, then “self-representing defendants” should also get access to phones. The expectation of equal and fair access to law is always the highest priority of the courts therefore as the Illini Supreme court decided, No restrictions should be in place. Eliminating access to witness information available on the device, such as documents, records, photographs, etc that pertain to the individual’s defense or limitations of access through the device’s network (internet) to more easily, instantly and efficiently obtain information also pertaining to the individuals defense. Many defendants do not have the ability or financial means to transfer, print, distribute or disseminate the data gathered off of their cellphones. In fact, many defendants use such devices solely for their personal data collection and have no other means of access, such as a home PC or laptop.
In addition, Having Access to legal representation should not be a prerequisite or requirement for this Jan 2022, Illinois Supreme Court decision and widely accepted and societal norm practice. Not having the means to afford counsel which allows access to “cellphone access”, should not garner an advantage nor cause a disadvantage to any person in a Court of law.
Does Leighton Criminal Courthouse still ban electronic devices in the Courthouse?
Here is information for Cook County Courthouses: https://www.cookcountycourt.org/HOME/Cell-Phone-Electronic-Device-Ban#3513282-are-all-courthouses-under-the-ban
After moving to Illinois, I always found it very strange that courthouses here strictly ban entry with portable electronic devices, as-well-as prohibit filming within common areas. After all, the courthouse is a government facility that is open to the public. Not allowing cameras, pictures, and recording in the lobby or publicly accessible areas (except for special restricted areas and courtrooms) is a blatant disregard for a citizen’s constitutionally protected rights and is a direct violation of the First Amendment: Prohibiting citizens to free exercise; protects freedom of speech, the press, and assembly!