By Craig Anderson

As of yet, there have been no problems with allowing visitors to enter some state courts with cellphones.

A pilot program has been operating for just over a month, and a larger sample is needed for a meaningful evaluation.

So says Eleanor Torres, Delaware Family Court counsel to Michael K. Newell, a chief judge and head of a committee that studied the matter before cellphones were permitted.

Since early February, cellphones and personal electronic devices have been allowed in Family Court buildings in Dover and Georgetown, along with Justice of the Peace courts 3 and 17 in Georgetown and 11 in New Castle.

The program, subject to change, will continue until at least May, when Ms. Torres said a group will send recommendations regarding phones to Delaware Supreme Court Chief Justice Collins J. Seitz Jr.

“It would then be up to the chief justice to make decisions regarding any adjustments or expansion to other facilities,” Ms. Torres said.

The public hadn’t been allowed to bring cellphones and PEDs into state court buildings since 2005. Exceptions can be made if approved by the court, however.

The committee’s initial report can be seen here.

According to an announcement about the Feb. 7 launch, the committee conducted a yearlong study “to review the Branch’s cell phone policy, recognizing that the devices have become an essential tool of daily life for many.”

“The committee also recognized that allowing the personal electronic devices, like cell phones and tablet computers, into state courthouses would enhance access to justice for those that depend on them for work and family matters and for self represented litigants.”

Also, the committee “discussed the problems that litigants and the public face when there is no storage on site, as is the case in some of the Justice of the Peace locations. In those locations, cell phones have been found hidden in bushes because of a lack of storage facilities.

“Reference was also made to the unfair practices of passing their devices to their attorneys and having the attorneys bring the devices into the courthouse.”

At the time of the ban, in 2005, “concerns included that cell phones could be used to intimidate witnesses, to take pictures inside the courthouse which could aid in escape efforts, or other security breaches, and that cell phones could be tampered with to become weapons,” the report said.

The guidelines were adopted based on the use of devices at the time, it continued: “Along with cellular phones, Blackberries, Sidekicks, pagers, and PDAs are listed as prohibited devices while newer electronics, such as smart watches, go unaddressed.”

The committee took particular interest in the policy of the U.S. District Court in Wilmington, which allows cellphones, other PEDs and laptops.

Also scrutinized were court policies in Michigan, Georgia and Virginia. While there was no complete ban in those states, there were restrictions. An American Bar Association resolution was examined, as well.

Eventually, “committee members contacted several jurisdictions with liberal PED policies to discuss their policies and practices,” the report said.

Said Chief Judge Newell, “The courts must strike a delicate balance between the needs of security and decorum, and access to justice. And with the increased reliance on cell phones in our everyday lives, the time seemed right to revisit our longstanding cell phone policy.

“We are optimistic that this new pilot program to allow the public to bring in cell phones — with appropriate limits — will prove beneficial to both the public and the courts by making a trip to the courthouse less burdensome while maintaining a level of safety. I am pleased Family Court is a part of this effort.”

Under the initiative, members of the public are not allowed to take photos or record audio or video in the courthouses, and any phone brought into a courtroom must be turned off or silenced, the announcement said.

The committee, formed by the Delaware Supreme Court on Dec. 7, 2020, includes representatives from each of the state trial courts, the Department of Justice, the Office of Defense Services, the Delaware State Bar Association, the Delaware Community Legal Aid Society and the Delaware Capitol police.

In a meeting Jan. 19, 2021, court officials presented the committee with visitor numbers from 2019:

• Leonard L. Williams Justice Center, Wilmington — 588,319 people.
• Kent County Courthouse, Dover — 36,979.
• Sussex County Courthouse, Georgetown — 100,278.
• Sussex County Court of Chancery, Georgetown — 13,439.
• Kent County Family Court, Dover — 117,265.
• Sussex County Family Court, Georgetown — 116,220.