Electronic gadget blackout Posted By Daniel Kaiser, Esq. on July 29, 2009
Planning to use your electronic exhibits in court? On June, 29, 2009, the United States District Court for the Southern District of New York announced an interim measure that denied attorneys permission to bring their laptop computers (in addition to other electronic devices) through security and into the Courthouse short of a specific court order “authorizing a specific attorney to bring a specific electronic device into the building for a specific proceeding.”
This draconian little measure stemmed from the local judges’ concerns that laptops can contain bombs, and that personal electronic devices can make prohibited recordings during a proceeding. The new procedure came from the Southern District’s Ad Hoc Committee – 
superimposed upon the Court’s Local Civil Rule 1.8, reading “[n]o one other than court officials engaged in the conduct of court business [or federal prosecutors and defenders] shall bring any camera, transmitter, receiver, portable telephone or recording device into any courthouse or its environs without written permission of a judge of that court.” The big difference between the old rule and the new is that under Local Rule 1.8 it was common for judges to sign blanket orders allowing an array of unspecified electronic devices, but the interim rule requires a whole lot of specificity concerning the who, the what, and the when. Simply put, this means a good deal fewer tools in the courthouse.
Although this new policy affected only the US District Court for New York’s Southern District, it’s the big one. This is the largest of all US District Courts with up to 1/5 of all civil litigation pending before the Federal Courts. You can read about its history here. The oft-quoted Judge Learned Hand presided in this court from 1909 to 1924, and might once again be quoted in this context: “Life is made up of constant calls to action, and we seldom have time for more than hastily contrived answers.” (Speech in New York City, 1952.)
While this measure is in effect, greater advance planning is a must for an attorney wishing to display electronic evidence exhibits or other electronic exhibits ─ or to simply consult your calendar or case notes. On a positive note, it’s likely that this interim measure will never make into the permanent Rules. The Federal Bar Council (among others) is submitting proposed amendments to Local Civil Rule 1.8 relaxing the standard to allow attorneys the use of their electronic devices, but subject to strict use conditions and perhaps subject to the use of a Secure Pass ID. The Southern District’s Ad Hoc Committee on Cell Phones met to receive public comment on July 29.
Post A Comment