Can you hear me now?

There are a multitude of items that you can’t bring into a courthouse, with weapons arguably being the most well-known. Depending on the county, the list of prohibited items may vary. Knitting needles, nail files and clippers are items that you may not think of, but they are a no-no in multiple counties. If you’re considering wearing your brass knuckles, bringing your curling iron, bingo markers or dental floss to your court hearing, don’t go to Wayne county. Be mindful of your attire as well, because there are rules governing your pants, shorts, shirts and other apparel. One of the best outfits I saw at a courthouse was a shirt which read: “Only God can judge me.” I bet the judge was impressed with that; I know I was.

Starting May 1, 2020, one of the biggest prohibitions will be lifted – bringing cell phones and other electronic devices into court (MCR 8.115). Many courthouses only allow attorneys and selected individuals to carry these devices with them. With permission, the general public can bring phones or devices to a hearing for an express purpose; generally, it has evidence on it that the party wished to introduce at the hearing. Attorneys skirted around this rule by carrying their clients’ phones into the courthouse – after all, it’s fairly common for people to have a business and personal cell phone. However, if you didn’t have an attorney, and didn’t think to ask for permission, you could be at a disadvantage compared to others.

A good amount of people attend court for their family law case. When you are a working parent, the chances that your kids are in daycare or school are high. It can be nerve wracking to be without your phone when your baby is at daycare, or your first grader has a medical concern. You may not learn about an extremely important phone call until hours later. If both parents are at the hearing, as is often the case, the daycare or school has to move on to other emergency contacts who may not be as reliable. The cell phone prohibition can have a trickle down negative effect.

Pursuant to the new change, people can also use their device to take pictures of court records, which helps eliminate the cost barrier for those who don’t have the money necessary to obtain the copies. As a side note, I’ve never found a courthouse with a decent copier, and most people don’t carry $20 in loose change on a regular basis.

Not everyone is happy with the new rule – there are valid concerns relative to disruptive behavior, unapproved recording and communication, and taking pictures of witnesses and jurors. Devices must be silenced during proceedings and the court can address disruptive behavior.

With the world only moving forward with technology, the new rule is not unexpected, and in my opinion, will be largely welcomed.