Rule 4-401.02.? Possessionand use of portable electronic devices.
To permit the use of portable electronic devices in courthouses andcourtrooms, subject to local restrictions.
This ruleapplies to the courts of record and not of record.
Statement of the Rule:
(1)(A) ?Judge?as used in this rule means the judge, justice, or court commissioner who ispresiding over the proceeding.
(1)(B) ?Portableelectronic device? as used in this rule means any device that can record ortransmit data, images or sounds, or access the internet, including a pager,laptop/notebook/personal computer, handheld PC, PDA, audio or video recorder,wireless device, cellular telephone, or electronic calendar.
(2) Possessionand use of portable electronic devices in a courthouse.
(2)(A) Aperson may possess and use a portable electronic device anywhere in acourthouse, except as limited by this rule or directive of the judge.
(2)(B) Allportable electronic devices are subject to screening or inspection at the timeof entry to the courthouse and at any time within the courthouse in accordancewith Rule 3-414.
(2)(C) Allportable electronic devices are subject to confiscation if there is reason tobelieve that a device is or will be used in violation of this rule. Violationof this rule or directive of the judge may be treated as contempt of court.
(2)(D) Forthe limited purpose of conducting a pilot project to evaluate the performanceof justice court judges using courtroom observation, the Judicial PerformanceEvaluation Commission may record and transmit video and sound of courtproceedings. These recordings and transmissions are not public, pursuant to UtahCode sections 63G-2-201(3) and 78A-12-206.
(3)(A) Useof portable electronic devices in common areas. The presiding judges may restrictthe time, place, and manner of using a portable electronic device to maintainsafety, decorum, and order of common areas of the courthouse, such as lobbiesand corridors.
(3)(B) Useof portable electronic devices in courtrooms.
(3)(B)(i) Aperson may silently use a portable electronic device inside a courtroom.
(3)(B)(ii) Aperson may not use a portable electronic device to record or transmit images orsound of court proceedings, except in accordance with Rule 4-401.01 orsubsection (2)(D) above.
(3)(B)(iii) Ajudge may further restrict use of portable electronic devices in his or hercourtroom. Judges are encouraged not to impose further restrictions unless useof a portable electronic device might interfere with the administration ofjustice, disrupt the proceedings, pose any threat to safety or security,compromise the integrity of the proceedings, or threaten the interests of aminor.
(3)(B)(iv) Duringtrial and juror selection, prospective, seated, and alternate jurors areprohibited from researching and discussing the case they are or will be trying.Once selected, jurors shall not use a portable electronic device while in thecourtroom and shall not possess an electronic device while deliberating.
(4) Useof portable electronic devices in court chambers. A person may not use aportable electronic device in chambers without prior approval from the judge.
(5) Instructionto witnesses. It should be anticipated that observers in the courtroom will useportable electronic devices to transmit news accounts and commentary during theproceedings. Judges should instruct counsel to instruct witnesses who have beenexcluded from the courtroom not to view accounts of other witnesses' testimonybefore giving their own testimony.
Effective November 1, 2019