Judges consider cellphone restrictions after court video hits Facebook

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Disturbed by recent incidents in which video of open court has found its way online, Marion County judges on Friday discussed restricting cellphones in court.

“I’m alarmed,” court administrator Andrea Newsom said of two recent instances she conveyed to judges and court staff during a meeting of the Marion Superior Court Executive Committee. Newsom said court video in one instance was uploaded to Facebook. In another instance, someone in the gallery recorded and streamed video live. Upon learning of the latter violation, a judge mandated the video be removed from a cloud computing server.

“It’s serious enough now with two known incidents to bring it to the attention of the court and talk about next steps,” Newsom said.

Newsom said the activity is a clear violation of Judicial Code of Conduct Rule 2.17 that prohibits the broadcasting of court proceedings. Executive Committee Chairman Judge David Certo said there’s a larger issue: ensuring the safety and security of court participants. One judge said it’s believed that a criminal informant may have been photographed in one instance.

“My proposed solution is to not allow cellphones in the courtroom,” said Marion Superior Criminal Division Judge Marc Rothenberg. He said he would exempt a select few including law enforcement. The committee requested Newsom develop proposed solutions to be presented to all Marion Superior judges during a General Term meeting.

Judges expressed frustration that signs in court notifying observers of the prohibition on recording with handheld devices haven’t deterred some, nor have judges’ admonitions in court. Criminal Division Judge James Osborn said that even if judges discover video or photos have been taken, there’s little that can be done if the images appear online. “Once it’s out, it’s out,” he said.

Newsom said Indiana Supreme Court administration advises judges who become aware of a violation to create a record entry noting that the recording has occurred. Material recorded in violation of Rule 2.17 that appears online can be removed by court order, she said.

Also Friday, the Marion Superior Court Executive Committee:

  • Approved a grant-funded pilot program allowing juvenile probation to collect drug screens through an oral cheek swab rather than the customary urine sample. Chief probation officer Christine Kerl said the division hopes to make the alternate test available within 60 days for those subject to mandated drug screens. Probation staff said the swab is more convenient and can be administered anywhere at any time by probation officers. The new tests should increase participation, since about 40 percent of juveniles fail to show up for required screens currently taken at lab facilities, according to the probation division.  
  • Granted a request from U.S. Immigration and Customs Enforcement to access public records of criminal offenders from Marion County’s JUSTIS case management system.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.