LANSING – A court’s chief judge can set rules on the use of cell phones and other electronic gear in a courtroom, the Michigan Supreme Court has decided on a 4-3 vote, so long as the devices are not used to take pictures of jurors or witnesses.
The court late Tuesday published its new version of rule 8.115, warning that violation of the rule could lead to confiscation of the devices and incarceration for contempt of court.
While the chief judge of the court can set the rule on the use of portable electronic equipment, the rule must be posted in a conspicuous place both outside and inside a courtroom, the Supreme Court ruled.
Chief Justice Marilyn Kelly, joined by Justices Elizabeth Weaver and Diane Hathaway, said she would have taken a more open attitude on the use of the devices, saying in a dissent that she would allow lawyers to bring cell phones and other equipment into a courtroom. If the devices are interfering with the proceedings, then the judge can order they not be used.
But today, especially for small law firms and lawyers working on their own, the equipment is critical for them to be able to maintain a practice and keep in touch with clients, Kelly said.
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