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Electronics banned in Allen County: Courthouse employees and attorneys who obtain court-approved photo ID cards will be exempt.

Rebecca Berfanger
January 1, 2007
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   In fall 2003, various gyms around the country and around the world made headlines when they started implementing bans on camera phones so that patrons wouldn ;t take photos of other patrons in embarrassing situations like changing in the locker room, finishing that last crunch, or breaking a sweat on the treadmill.

   While courthouses can cause some people to break into a sweat, the similarities end there. However, more and more courthouses are starting to ban cell phones and electronic devices for similar reasons.

   The Allen County courts in Fort Wayne are the latest to follow suit with federal courts and other courts around the country. Cell phones and all other electronic devices except laptops will be prohibited in most cases in the county ;s courthouses beginning Jan. 2, 2007, making Allen County one of the first counties in the state to enact such a ban not just in the courtrooms.

   The ban includes the main courthouse, the courthouse annex (small claims), the Bud Meeks Justice Center, and the Allen County Juvenile Center.

   Even out-of-town attorneys may be able to bring in phones if they practice often in the Allen County court buildings and apply for court-approved photo IDs. However, a statement from courthouse officials notes that the provision for attorneys applies only to attorneys and that other staff – such as runners and paralegals – will not be permitted to bring such devices into court buildings.

   There will also be no provision to keep or store cell phones or other electronic devices anywhere inside the court buildings.

   To obtain a court-approved photo ID for attorneys, there will be sessions Dec. 14 and 15 at the Allen County Law Library on the first floor of the Allen County Courthouse from 8:30 a.m. to noon and from 1 to 4 p.m. both days. To obtain an ID at these sessions, attorneys must: 

• Bring Certificate of Good Standing card, issued by the Supreme Court, and a valid driver ;s license.

   

• Complete an Attorney Photo ID Badge Form. Court staff will be available to assist and authorize completion of the form

   

• Have their photo taken by a courtapproved vendor. 

   Photo IDs will be processed and available for pick up in the Administrative Offices beginning Dec. 27. The cost of the photo ID card is $10.10. 

   Attorneys may also obtain photo ID cards after Dec. 15 by bringing the same documents to the Administrative Offices of the Allen Superior Court, Room 208 of the Allen County Courthouse.

   After completing the Attorney Photo ID Badge Form, the attorney must take the form to the court-approved vendor: Indiana Stamp Co., 1319 Production Road, Fort Wayne, IN 46808. The vendor ;s phone number is (260) 424-5395. The cost of photo ID cards for attorneys who miss the Dec. 14 and 15 sessions is $22.50.

   "There are a couple primary reasons for this ban," said Allen Superior Court Administrator Jerry Noble. "One is the nuisance factor – regardless of signage and announcements, the nuisance of cell phones going off in courtrooms remains. Officers in Superior and Circuit courts have issues and reports with this."

   It should go without saying that it is simply polite and often required by courtroom warnings and signage to silence a cell phone in a courtroom setting.

   "Beyond that, a security problem that has become an issue in recent weeks and months, is the use of cell phone cameras during trials and proceedings to record proceedings, take photos of witnesses, confidential informants, and deputy prosecutors," Noble said.

   Another court that implemented a ban on electronics – and then lifted it a year later, handing the responsibility to the sheriff ;s department – was Elkhart County also because of the camera capabilities of electronic devices, according to Judge Terry C. Shewmaker in Goshen.

   Noble added that photos have been taken in the Allen County court buildings on "multiple occasions," at least enough for the court to consider the security aspect of allowing – or not allowing – devices with camera-taking capabilities.

   While Noble couldn ;t recall a specific time where someone ;s photo taken in a court building lead to intimidation, he did say, "Some would see the act of taking the photo as a threat. Phones have been confiscated with these photos on them. The surreptitious nature of using cell phone cameras in this way is a real concern to us."

   To consider how to draft the rules prohibiting cell phones and electronic devices in the courthouses, Noble said he spoke with those who handle security matters at the federal court "to get a sense of how they do it."

   "Federal courts, sometimes in the same judicial district, have taken differing policy approaches to wireless communication devices," according to an article in the April 2005 edition of "The Third Branch," the newsletter for the federal courts.

   "Some ban them from the courthouse, while others allow them in with certain restrictions on usage. Some ban the general public from bringing in devices but make exceptions for attorneys, jurors, and others. Some courts require cell phones to be turned off, while others ask they be placed in the vibrate mode, and still others require them to be stored with the court security officers," stated the article, titled "Wireless Devices in Federal Courts."

   Because of the differences, judges and court security personnel looked for official guidance from the Judicial Conference.

   "We all came to the same conclusion," Chief Judge John W. Lungstrum, chair of the Judicial Conference Committee on Court Administration and Case Management, was quoted in the article."Because of the varying views among judges and court security officers, and the differences in buildings, security procedures and technological sophistication among courts, no one-size-fits-all decision is possible at this time. Instead, we will give the courts the information that will help them develop their own informed policies."

   However, Karen Redmond, of the Administrative Office of the U.S. Courts Office of Public Affairs, said the Judicial Conference "has urged all courts to make a policy about restrictions of wireless devices. Cell phones with the ability to take photos are already not allowed in the District courts and each court is adapting its own policy on how to handle that."

   Noble said, "In the federal court, they ;ll hold phones for people, but their volume is so slight compared to ours. It ;s not something we can do."

   Noble added that even the federal court won ;t hold cell phones every day.

   "On days when they anticipate large numbers of people, such as when they hold naturalization ceremonies, they turn people away who have their cell phones with them," he said.

   It remains to be seen whether other courts around the state will implement rules similar to those of Allen County, but other nonfederal courts in the United States in areas such as Baltimore, Detroit, and Illinois ; 9th Circuit (Knox, Warren, Henderson, Fulton, McDonough, and Hancock counties) have implemented similar bans on electronic devices with capabilities to secretly record or take photos in courthouses.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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