Cellphones to be permitted in state courts June 1
By Starting June 1, visitors to state courthouses will be allowed to bring cellphones and other personal electronic devices.
A Delaware Courts news release said the move is an extension of a branchwide pilot program that started in February 2022 and allowed devices in a handful of locations, including the Sussex County Courthouse.
There will still be restrictions on when the devices can be used — particularly in courtrooms — but this represents a shift in policy that has long barred most from carrying phones into court.
Family Court Chief Judge Michael K. Newell, who has overseen the pilot and advocated for the rule change, said the program was a success and did not cause any significant safety or operational concern.
Supreme Court Chief Justice Collins J. Seitz agreed and signed an order earlier this year instructing the committee overseeing the initiative to expand it to the entire court system.
“We are taking this step to increase access to the justice system, recognizing that personal electronic devices — particularly cell phones — have become an integral part of daily life,” he said. “We know people want to keep in touch with family members, children and perhaps work. And we know, in some instances at the courthouse, they may need access to their personal calendar or other vital personal information they keep on their phone.”
According to the order, visitors will be allowed to use devices in the halls, lobbies and other public areas of the courts, so long as such use does not disturb business or proceedings.
With limited exceptions, guests will not be allowed to take photos or record audio or video in the buildings. One exception is that they will be permitted to use their devices to photograph or scan public documents in clerks’ offices, as long as the device does not damage or mark the item or interrupt operations.
The use of personal equipment in courtrooms will be tightly controlled, and visitors will be required to turn off or silence their phones when there. Further, if a judicial officer feels the presence of a device is a threat to safety or otherwise interferes with the administration of justice, he or she may require all devices be placed in secure pouches until the individuals leave the room.
The program will remain a pilot effort, and the committee monitoring its progress will issue a final report in March 2024. Results will determine if changes should become permanent.
The new cellphone policy is posted at courts.delaware.gov.
