Despite protestations from the local court clerk, the Michigan Supreme Court has determined that court records can be photographed (scanned) and other electronic devices (like cell phones) cannot be banned by state courts unless used in violation of other court strictures.  Just in from the Michigan Supreme Court this morning:

LANSING, MI, January 8, 2020 – The Michigan Supreme Court has adopted amendments to court rules to explicitly allow the public to bring cell phones into courthouses and courtrooms. The changes also allow the public to photograph court records. Previously, rules regarding cell phones and other personal electronic devices varied widely from court to court and often posed a barrier to court access. Courts have until May 1, 2020, to implement the rule change.

“The comments we received and testimony we heard that cell phone access was essential to selfrepresented litigants was compelling,” said Chief Justice Bridget Mary McCormack. “We appreciate the willingness of local courts to implement this reform that will help make sure the doors to our courts are open to all.”

The MSC order makes amendments to MCR 8.115 (link) and follows an extensive process of public consultation that included nearly 50 written comments from the public and additional testimony at a recent public hearing.

Effective May 1, 2020, the amended rules establish a statewide policy that allows the public to use a cell phone or other personal electronic device in a courtroom or courthouse (such as a tablet or laptop) to:

• retrieve or store information, access the internet, and send/receive text messages as long as the user is silent; and, • reproduce court documents as long as it leaves no marks and does not unreasonably interfere with the operation of the clerk’s office.

The amended rule does include courtroom restrictions to maintain security and prevent disruption. Devices must be silenced in the courtroom and cannot be used to make or receive calls while court is in session. Among other restrictions, the public:

• cannot communicate with any courtroom participant or photograph or record any juror or potential juror; • cannot record court proceedings without the permission of the judge; and, • cannot record or photograph people in the courthouse without their consent.
Outside the courtroom, judges and court administrators can limit or terminate activity that is disruptive to court operations or that compromises court security. In the courtroom, use is subject to a judge’s authority to terminate activity that is disruptive or distracting to a court proceeding, or contrary to the administration of justice. Further, judges can sanction violators.

The rule change improves access to courts and was largely based on national models already adopted in other states. The new rule does not affect the ability of media to record court proceedings with permission of a judge allowed by AO 1989-1.

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Good News!

It is, and once the particulars of this new ruling is fully instituted (estimated to be codified by May 2020), one can bring a scanner to the courthouse, ask to see the filings of a case, or a court docket, and get electronic copies w/o having to pay $1 per page, as it is in Mason County currently and an outrageous $3 per page in Manistee County.  

One can now also bring their smart phone to the courtroom (muted) and look up some of the precedents and laws that attorneys and judges throw out and even send and receive texts to others for supplementary information in real time.  

Well that make a somewhat more level playing field!

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