Local Rule 83.2: Courtroom and Courthouse Security and Decorum
S.D. Ohio — Civil rule
83.2 Courtroom and Courthouse Security and Decorum
(a) No person may, without permission of the Court, use any device to make an audio or visual recording, or take photographs, on any floor of a United States courthouse where judicial proceedings are being conducted or within courtrooms, chambers, or ancillary portions of state courthouses or other buildings while in use by this Court under agreement with local authorities, or transmit the audible or visual content of any judicial proceeding to any other person, except a judge authorizing broadcasting, televising, recording, or taking photographs in the courtroom and in adjacent areas during an investiture, naturalization or other ceremonial proceedings. A judge may authorize such activities in the courtroom or adjacent areas during other proceedings, or recesses between such proceedings, only: a) for the presentation of evidence; b) for the perpetuation of the record of the proceedings; c) for security purposes; d) for other purposes of judicial administration; e) for the photographing, recording or broadcasting of appellate arguments; or f) consistent with pilot programs approved by the Judicial Conference (JCUS-SEP 2010, at 11-12). In addition, a judge presiding over a civil or bankruptcy non-trial proceeding, may, in the judge's discretion, authorize live remote public audio access to any portion of that proceeding in which a witness is not testifying. This policy does not create any right of any party or the public to live remote public audio access to any proceeding.
(b) Persons in possession of any device capable of recording or transmitting to another person audio, video, or photographs, upon entering a building in which judicial proceedings are being conducted by this Court, must disclose such device to security personnel. Such devices include, but are not limited to, cellular phones, smartphones, smartwatches, tablets (such as iPads), and laptop computers. All such devices are subject to inspection upon entry to such buildings.
(c) Subject to the exemptions set forth in subsection (e) below, all cellular telephones, smartphones, smartwatches, cameras, and similarly sized personal electronic devices shall be turned off in the presence of Court Security Officers upon entry to the Columbus, Cincinnati, or Dayton courthouses (except that the operation of this rule in the Dayton courthouse shall be subject to subsection (f) below). Once off, the devices shall be placed in a locked pouch provided by the Court Security Officers. The device shall remain in the locked pouch in the possession of the owner while in the building. Larger devices, such as tablets or laptop computers, or any other covered device that does not fit in a locked pouch, are not permitted in the building. Visitors entering with such devices will be instructed to leave the courthouse and store the devices before returning to enter. Visitors are not permitted to leave the devices with Court Security Officers.
(d) The locked pouch may not be intentionally opened, damaged, or tampered with while in the visitor's possession, except that the pouch may be opened, and the device removed, at the direction of the Court or other agency personnel. The locked pouch must be returned to the Court Security Officers before leaving the building. At that time, the personal electronic device will be removed from the pouch and returned to the owner. Intentional damage to, or theft of, the locked pouch will subject the device owner to possible criminal penalties.
(e) Unless otherwise authorized by a judge, only the following persons shall be exempt from the operation of this rule with regard to their personal electronic devices:
(1) All attorneys with a valid bar identification card, or other documentation, or credentials of the U.S. Department of Justice or the Office of the Federal Public Defender, along with any paralegals or support personnel accompanying the same;
(2) Summoned and seated petit or grand jurors, subject to any restrictions imposed by the presiding judge;
(3) Judicial officers, employees of the U.S. District Court or the U.S. Court of Appeals for the Sixth Circuit, and any other federal court employees on official business with valid court-issued identification;
(4) Volunteer law clerks, externs, or interns for the U.S. District Court or the U.S. Court of Appeals for the Sixth Circuit with valid court-issued identification or documentation;
(5) Law enforcement officials (whether federal, state, or local) on official business with valid identification or badge;
(6) Employees of delivery services, courier services, and law firm couriers who frequent the courthouse on official business with valid identification and documentation;
(7) GSA employees and Contractors cleared by the GSA or escorted by GSA or by Court staff;
(8) Credentialed members of the press. For purposes of this policy, the term "credentialed members of the press" means a representative from a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person engaged in making news reels or other motion picture news for public showing. Enrollment as a student in a journalism or media program alone is not sufficient criteria;
(9) Persons who report they are attending naturalization ceremonies on days on which naturalization ceremonies are scheduled will be allowed to keep smartphones, smartwatches, and cameras for the sole purpose of taking photos at those ceremonies; and
(10) Courthouse tour participants.
Except that all exempted personnel shall still comply with the bans of photography, broadcasting, and recording and shall not allow their cameras or personal electronic devices to be used by others in violation of any law, rule, or judicial order.
(f) Dayton Courthouse: Because the Dayton Courthouse also houses other non-judicial agencies, the operation of this policy shall be modified in that courthouse as follows. Court Security Officers will inquire of visitors whether they are entering the building for court-related purposes, including visiting Pretrial Services or Probation, or instead to visit one of the federal agencies in the building. If the person reports that they are at the building for court-related purposes, then this policy shall apply to them as above. Otherwise, they shall not be asked to surrender their personal electronic devices.
(g) Unless expressly permitted by the presiding Judge, no electronic device that is capable of recording or transmitting to another person audio, video, or photographs or that might be used to record deliberations or communicate outside the jury room (including without limitation laptop computers and other mobile electronic devices) may be taken into a jury room during jury deliberations.
(h) The Courthouse Security Committee for each United States courthouse may promulgate such further requirements and restrictions as are deemed necessary and that are consistent with this Rule. Nothing herein shall limit the discretion of a Judge to permit special arrangements or to order specific requirements or restrictions on the possession or use of electronic devices in connection with a particular case before that Judge.
(i) Firearms or Other Dangerous Weapons. Except as directed by the Court, or as follows, firearms and other dangerous weapons, including but not limited to, explosives, pepper spray, incendiary devices, and knives brought into a Facility will be confiscated by the United States Marshals Service, except as follows:
1. Employees of the United States Marshals Service, including Court Security Officers, who are authorized by law and agency regulations to carry firearms, may possess firearms within this Facility.
2. Employees of the United States Probation Office, who are authorized by law and agency regulations to carry firearms in the performance of their official duties, may possess firearms in these Facilities to the extent necessary to transport such firearms by the most direct route available to and from the offices of the Probation Department. In accordance with regulations of the Probation Department, all firearms shall be secured while present in the Facilities and within the offices of the Probation Department. The Chief Probation Officer will notify the United States Marshals Service, in writing, of the names of the officers with the authorization to carry firearms.
3. United States Federal Protective Service Offices and their contract security officers of the Department of Homeland Security, who are authorized by law and agency regulations to carry firearms in the performance of their official duties, may possess firearms in these Facilities.
4. Employees of the United States Pretrial Services, who are authorized by law and agency regulations to carry firearms in the performance of their official duties, may possess firearms in these Facilities to the extent necessary to transport such firearms by the most direct route available to and from the office of Pretrial Services. In accordance with the regulations of the United States Pretrial Services Department, all firearms shall be secured while present in a Facility within the offices of Pretrial Services. The Chief Pretrial Services Officer will notify the United States Marshals Service, in writing, of the names of officers with the authorization to carry firearms.
5. Agents, officers and inspectors of all federal law enforcement agencies who are authorized by law and agency regulations to make arrests and carry firearms in the performance of their official duties may be armed in these Facilities only under the following circumstances:
a. While transporting a defendant/prisoner for an initial appearance before a Magistrate Judge and/or an authorized purpose in the United States Attorney's satellite office. In such circumstances, a call prior to arrival at a Facility must be placed by the agent, inspector or representative of same to the United States Marshals Service advising that an armed agency or inspector of that agency will be transporting a prisoner into a Facility. Additional internal policy, developed by the United States Marshals Service, will be required (such as lapel pins, entry log signature, etc.).
6. State and Local Law Enforcement Officers, while in uniform, may enter and retain their weapons while investigating/responding to a reported crime within a Facility, or when responding to an emergency situation when authorized by the United States Marshal or her or his designee. The United States Marshal will inform the Chief Judge for the Southern District of Ohio and the local head of the relevant Facility Security Committee as soon as reasonably possible when such an authorization has been made.
This Rule is applicable regardless of whether the Court is in session.