Jan 11, 2018 4 min read

WAYNESBURG – President Judge Farley Toothman banned the use of all digital devices on the second and third floors of Greene County Courthouse.

Toothman began enforcing the unsigned order at the beginning of the month, although he is permitting exceptions for attorneys using computers, electronic tablets or cellphones for casework.

Some lawyers are paper-free, Toothman said Wednesday, and manage their cases completely from electronic devices. Some evidence is presented in a digital format, he said, such as text message or posts on social media.

But otherwise, anyone attending cases, hearings or trials is not permitted to use an electronic device for any reason on the top two floors of the courthouse. Cellphone use was already prohibited in the courtrooms, along with no photographs being permitted in the courtrooms, lobbies and side rooms. Those who do can face contempt of court charges, punishable with six months in jail and a $1,000 fine.

Toothman said the intention isn’t to punish anyone, though, unless it’s an intentional and purposeful violation of the rule.

“It drives judges up a wall,” Toothman said of phone use near the courtrooms. “It’s a sensitive issue throughout the nation.”

He considers their use mostly “intrusive, distracting, inappropriate and at times, illegal.”

“It protects everybody coming in and out of the courtroom,” Toothman said, especially during proceedings involving juveniles.

Melissa Melewsky, media law attorney with Pennsylvania NewsMedia Association, said though the move is a legal one, an all-out ban is not common throughout the state.

Many courts do have policies restricting cellphone use, but make exemptions for the press. Many of the concerns judges have about phone use, Melewsky said, do not stem from the behavior of the press. Some courts, for example, allow reporters to take notes electronically as long as the device is not used to record in the courtroom.

The ban had a gradual implementation, but Toothman said it was in practice starting Jan. 2 and is technically now in effect, despite the order not being signed. Toothman has not signed the order yet because he is still making revisions, he said. However, he understands the public needs notice of the policy to understand what it means for their visit to the courthouse.

Toothman said there are three specific instances that inspired the ban.

“Family court created more problems than any,” he said.

During one incident a few months ago, an entire jury hid in the jury room restroom and recorded the reactions of court staff when they returned to an empty room. The video was uploaded to YouTube before the trial started, “a behavior that threatened a mistrial,” Toothman said.

The video was taken down and no punishment was doled out, just that the one who recorded the incident acknowledged that they shouldn’t have done it and wouldn’t do it again.

In another recent incident after private family court proceedings, juveniles involved in the case all had phones. The children used their phones to surreptitiously take photos of court staff directly after the hearing and published the photos on social media.

Another common occurrence, Toothman said, is caseworkers presenting in family court using their phones during hearings to communicate with supervisors or others attempting to provide input.

The ban also protects victims in criminal cases, he said.

“It’s just better policy to prevent digital devices being used to inflame and/or inappropriately document testimony,” Toothman said.

Devices will be confiscated at the start of family court hearings, Toothman said, but was unsure about other wearable devices, such as smartwatches.

Freestanding signs have been ordered to inform the public of the policy and will be installed throughout the building. Court staff has also been instructed to enforce the ban and bring any use of electronic devices to the presiding judge’s attention.

However, the rule does have some exceptions. During jury selection, for example, there can be long stretches of inactivity. In those instances, jurors can use e-readers, tablets or phones as long as they aren’t recording anything.

As far as court staff is concerned, they cannot use personal electronic devices inappropriately or unnecessarily, Toothman said. Some use their phones to coordinate calendars. Others communicate via text message about the progress of cases.

Phones are permitted to be used on the first floor, and each of the row offices can manage the use of electronic devices themselves. The clerk of court’s office, for example, has a sign on the door asking for phones not to be used inside the office.

Toothman said he recognizes there are many reasons people may want to use their phones, including convenience and safety, that have backed him away from a total ban inside the courthouse.