Should Cell Phones be Banned from Courthouses?

By Judge James Kimbler

Judges of the Erie County Court of Common Pleas, which is located in Sandusky, Ohio, have adopted a local rule of court that bans cell phones, laptop computers and notebook computers from the courthouse. This ban affects jurors, witnesses, and parties to lawsuits. According to a online article about the Erie County policy,"Court workers, lawyers, law enforcement officers and news media are exempt from the new rule."

The article linked to above points out that this policy is based on similar policies adopted in Licking and Lucas counties. The article also refers to a mistrial in Cuyahoga County Common Pleas Court. Judge John Russo found out that a juror had sent a text message to an attorney asking a legal question about the felonious assault case the juror was hearing.

The Erie County judges seem to be concerned about jurors and trial participants using cell phones and portable computers to take pictures of trial participants, do their own legal research while a trial is in progress, or text or record what witnesses are saying in order to allow other witnesses to tailor their testimony.

Similar bans have been adopted in other counties such as Stark County and Knox County. These bans are sometimes imposed just on participants in trials while other bans are more comprehensive, affecting everyone who comes into the courthouse.

So far the Ohio Supreme Court has not used its rule making power to adopt a comprehensive rule that would coverall Ohio counties and all Ohio courts. When you consider the diversity in Ohio among its 88 counties in terms of population and financial resources, it is hard to imagine the Ohio Supreme Court doing so in the near feature.

This rule could negatively impact people called for jury duty. Jurors often use their cell phones to talk with babysitters, other family members, and to keep up with work while they are on jury duty. Having to go to their car to use their cell phones or get them from court personnel might be more than a little inconvenient. It also might make people less willing to serve on juries.

Interestingly enough, the biggest problem that I have ever had as a judge with a juror using computers didn't involve a cell phone or laptop. It involved a juror going home one night during a two week medical malpractice, researching how often the defendant doctor had been sued for malpractice and then coming in the next day and sharing that information with the rest of the jury panel. The result was a mistrial and waste of thousands of dollars in trial expense for both parties. A ban on cell phones or laptop computers wouldn't have prevented the mistrial in that case.

If anyone knows of other counties which have instituted such bans, please send me information about the ban, and your reaction to it, at judgejameskimbler@yahoo.com. For more information on such bans in other parts of the United States, click here.