
A to J Commission releases report on cellphones in courthouses
The Massachusetts Access to Justice Commission this week released a
report with recommendations regarding the regulation of cellphones and similar personal electronic devices in state courts.
The report was produced by a working group formed by the commission, which worked closely with Trial Court departments to determine ways in which cellphones may be brought into courthouses, while addressing security concerns. The members of the working group are retired Appeals Court Justice Cynthia J. Cohen, retired Superior Court Justice Paul A. Chernoff, and former Massachusetts Bar Association President and current Access to Justice Commissioner Attorney Jeffrey N. Catalano.
Many courthouses in the commonwealth currently ban cellphones, due to the potential security issues that arise when cellphones are used to photograph or record courtroom participants and thereby intimidate or threaten them. However, the report also describes the challenges that court users, especially self-represented litigants, face when they are prohibited entirely from bringing their cellphones into courthouses.
The working group reviewed existing rules and policies governing the use of cellphones in Massachusetts courthouses, interviewed many members of the Massachusetts Trial Court and its security staff, analyzed more than 90 policies from other jurisdictions, and visited courthouses in other jurisdictions, at their own expense, to see how other state courts regulate the use of cellphones.
Among other steps, the report recommends a review of existing courthouse cellphone bans with an eye to reducing the number of bans, and considering alternatives to outright bans in courthouses with significant security concerns.
Three initial steps that the Trial Court plans to take are: (1) reviewing and evaluating current courthouse cellphone bans with the intent to rescind any bans where it is appropriate to do so; (2) updating and revising the Trial Court's policy on possession and use of cellphones and personal electronic devices with the intent of developing a procedure to help allow the use of cellphones in courthouses by self-represented litigants; and (3) evaluating the viability of the use of Yondr pouches in courthouses where restrictions on cellphone use are still necessary due to security concerns.
Click here to view the full report.
-------------------------------------
SJC announces Standing Committee on
Rules of Appellate Procedure
The Supreme Judicial Court has announced the formation of a new committee, the Standing Advisory Committee on the Rules of Appellate Procedure.
Appeals Court Justice Gabrielle Wolohojian has been appointed to chair the new committee, which will advise the justices of the SJC regarding the use and efficacy of the Massachusetts Rules of Appellate Procedure.
The committee will monitor the application of and response to the significant amendments to the appellate rules that became effective on March 1, 2019, review and recommend further amendments as needed or warranted, and review other issues and proposals concerning the appellate rules that might arise from time to time.
The committee will also produce an annual report summarizing pending or enacted changes to the Federal Rules of Appellate Procedure and setting forth its recommendation regarding whether similar amendments should be made to the Massachusetts rules.
The responsibility for advising the justices with respect to the Rules of Appellate Procedure previously rested with the Standing Advisory Committee on the Rules of Civil and Appellate Procedure. With the formation of this new committee, that committee will now be known as the Standing Advisory Committee on the Rules of Civil Procedure.
The Standing Advisory Committee on the Rules of Appellate Procedure will report to the SJC's Rules Committee.