Supreme Court Guidelines on
Electronic Devices
in the Courtroom [iPhone, iPad, cell phone]
Promulgated by
Directive
#08-14
Effective Feb.
2, 2015
Promulgated by Directive #08-14 Effective Feb. 2, 2015
General Considerations:
A. Goals
The goals of the Supreme Court Guidelines on Electronic
Devices in the Courts (“guidelines”) are
to provide public access to the courts while ensuring
fairness to litigants;
to acknowledge the existence of new technology and to permit
its use in and around a courthouse, subject to restrictions;
_to avoid delay or interference in court proceedings and to
maintain appropriate courtroom decorum.
B. Rationale
Advances in technology have provided not only traditional
journalists but also members of the general public with access to a variety of
easily portable electronic devices that can be used to capture news,
photographs and/or video. Gone are the days of notebooks and sketchbooks used
by reporters and court-room artists. Those tools have been replaced with smart
phones and computer tablets, which, together with new forms of media outlets,
have changed the concept of who is a journalist. Courts should not, in
administering guidelines regulating the use of electronic devices in and around
courthouses, be required to determine who qualifies as a journalist. Rather,
courts should focus on the uses to which such devices are put. The
pervasiveness of new electronic devices, and their availability to traditional
journalists, bloggers, new age journalists and the general public, requires
courts to implement guidelines governing the use of electronic devices in and
around a courthouse, so that their use does not compromise fairness to
litigants, efficiency in court proceedings and/or appropriate courtroom
decorum.
C. Applicability
These guidelines apply to proceedings in the Supreme Court,
Appellate Division, Superior Court, Tax Court and Municipal Court. Whenever
these guide-lines refer to a decision to be made by “the court,” such decision
shall be made by the chief justice or the Supreme Court clerk for matters in
the Supreme Court; by the presiding judge for administration or the Appellate
Division clerk for matters in the Appellate Division; by the assignment judge
for the vicinage where the court facility is located or by a judge designated
by the assignment judge for matters in Superior Court; by the presiding judge
of the Tax Court for matters in the Tax Court; and by the presiding judge or a
judge designated by the presiding judge for municipal court matters.
Section I. Possession and Use of Electronic Devices
As utilized in these guidelines, the term “electronic device”
means any device, including any portable device, that has the capability to
transmit, broadcast, record and/or take photographs and also includes any other
similar electronic devices whether now in existence or later developed (hereinafter
“electronic device”).
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Promulgated by Directive #08-14 Effective Feb. 2, 2015
As utilized in these guidelines, the term “electronically
record” means the audio and/or video recording of events by means of an
electronic device (hereinafter “electronically record” and/or “electronically
recording” and/or “electronic recording (s)).”
A. Courthouse Grounds, Environs and Ceremonies
Except as otherwise provided in these guidelines, the use of
electronic devices for any purpose, including photography, electronic
recording, broadcasting and/or transmitting, on the grounds outside the
courthouse shall be permitted. However, individuals are cautioned to seek
appropriate approval from facility security authorities and/or the owner of
such facility before doing so including, but not limited to, the county
sheriff’s department.
In cooperation with appropriate facility security
authorities, the court will take appropriate measures to ensure that the
entrances and exits to the courthouse are kept clear in order that all
participants in proceedings may enter and leave the courthouse safely and
without undue interference.
Permission for all audio and visual coverage of ceremonial
proceedings involving the Judiciary must first be obtained from the court
subject to compliance with these guidelines.
B. Common Areas of the Courthouse
While in common areas of a courthouse, all persons are
permitted to possess and use an electronic device for any purpose other than to
take photographs, electronically record and/or broadcast. Such permitted use is
subject to further reasonable restrictions by the court and/or facility
security authorities and/or facility owners, on the time, place and manner of
such use that are appropriate to maintain safety, decorum and order.
A “Requestor,” as that term is defined in Section I(C)(2)(a) infra,
who has obtained the required court permission to photograph, electronically
record, broadcast and/or transmit a court proceeding, is permitted to use an
electronic device to photograph, electronically record, broadcast and/or
transmit photo-graphs, video and/or audio of persons in the common areas of the
courthouse, provided that any person that the requestor seeks to photograph,
electronically record, broadcast and/or transmit, (1) is involved in the court
proceeding for which the requestor has obtained court permission to photograph,
electronically record, broadcast and/or transmit, (2) is a person whose
photograph, electronic recording, broadcast and/or transmission is not
otherwise prohibited by these guidelines or by court order, and (3) consents to
being photographed, electronically recorded, broadcasted and/or transmitted
when in the common areas of the courthouse. Any violation of these guidelines
may be addressed by the judge presiding over the proceeding for which the
requestor obtained or failed to obtain permission to photograph, electronically
record, broadcast and/or transmit.
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Promulgated by Directive #08-14 Effective Feb. 2, 2015
C. Inside the Courtroom
(1) Agreement for the Use of Electronic Devices
(a) Agreement Required Before Use of Electronic Device in
Courtroom. Be-fore a person may operate an electronic device in a
courtroom, the person must execute an agreement for the Use of Electronic
Devices ("agreement") and submit the executed agreement to the trial
court administrator or his/her de-signee, if in the Superior Court law or
chancery division, Municipal Court or Tax Court, or to the clerk of the court,
if in the Appellate Division or Supreme Court, to be dated and filed. A form of
such agreement is attached to these guidelines as Exhibit A.
(b) Obtaining and Submitting an Agreement. This
agreement shall be accessible on the Judiciary website, njcourts.com. An
executed agreement may be submitted electronically to the trial court
administrator or his/her designee, if in the Superior Court law or chancery
division, Municipal Court or Tax Court, or to the clerk of the court, if in the
Appellate Division or Supreme Court. The appropriate email addresses shall be accessible
on the Judiciary website. An executed agreement may also be submitted via mail
or hand delivery to either the trial court administrator or clerk of the court,
or their designee.
A copy of the executed agreement signed and dated by the
trial court administrator or the clerk of the court, or their designee, or
evidence of same, shall be returned to the person and shall be in the
possession of the person at all times when in the courtroom and shall on
request of the court be produced to the court for examination. Displaying a
copy of the filed agreement, or evidence of same, upon an electronic device
shall satisfy this requirement, provided that such electronic device is capable
of transmitting a copy of such agreement via email to the court upon request.
(c) Duration of Agreement. The agreement shall be
valid for a one-year period from the date of filing, provided all information
set forth on the agreement shall remain complete and accurate during that
period.
(d) Permitted Uses Upon Execution and Filing of Agreement.
A person with a valid agreement may use an electronic device inside a
courtroom to silently take notes and/or transcribe and receive communications
and information, without obtaining prior authorization from the court. The
court may prohibit or further restrict use of electronic devices used to
transcribe, transmit and receive communications and information, if such use
interferes with the ad-ministration of justice, poses a threat to safety or
security, or compromises the integrity of the proceedings.
(e) Violation of Agreement. Violation of the agreement
shall subject the per-son to such sanctions as the court may deem appropriate
including, but not limited to, contempt of court.
