Local Rule AT-5: Standards for Conduct Before the Judge and Jury

RULE AT-5. STANDARDS FOR CONDUCT BEFORE THE JUDGE AND JURY

The dignity, decorum and courtesy that traditionally characterize the courts of civilized nations are not empty formalities. They are essential to a courtroom atmosphere in which justice can be achieved. Accordingly, this court requires the following:

(a) A lawyer must be punctual in making all court appearances and fulfilling all professional commitments. In case of tardiness or absence from a court appearance, a lawyer should promptly notify the court and opposing counsel.

(b) An attorney must be attired in a proper and dignified manner, and should abstain from any apparel or ornament calculated to attract attention. A lawyer should refrain from assuming an undignified posture.

(c) A lawyer must display a courteous, dignified and respectful attitude toward the judge presiding, not for the sake of the judge's person, but to show respect for and confidence in the judicial office. A lawyer must rise when addressing, or being addressed by, the judge.

(d) A lawyer must never be unfair or abusive or inconsiderate to adverse witnesses or opposing litigants, or ask any question not intended to legitimately impeach but only to insult or degrade the witness.

(e) A lawyer must avoid disparaging personal remarks or acrimony toward opposing counsel.

(f) A lawyer must advise the client, witnesses, and spectators of the behavior and decorum required in the courtroom, and take all reasonable steps to prevent disorder or disruption of court proceedings.

(g) A lawyer must disclose to the judge and opposing counsel any information of which the lawyer is aware that a juror or a prospective juror has or may have any interest, direct or indirect, in the outcome of the case, or is acquainted or connected in any manner with any lawyer in the case or any partner or associate or employee of the lawyer, or with any litigant, or with any person who has appeared or is expected to appear as a witness, unless the judge and opposing counsel have previously been made aware of that fact by voir dire examination or otherwise.

(h) During the trial of a case a lawyer connected with the case must not communicate with or cause another to communicate with any member of the jury, and a lawyer who is not connected with the case must not communicate with or cause another to communicate with a juror concerning the case.

(i) A lawyer should avoid, as much as possible, approaching the bench. A lawyer should anticipate questions that may arise during the trial, and take them up with the court and opposing counsel in a pretrial hearing. If, however, it becomes necessary for an attorney to confer with the court at the bench, leave of court should be requested.

(j) A lawyer must question witnesses and deliver jury arguments from the lectern, which may be moved to face the jury. If it becomes necessary to question or argue from another location, leave of court should be requested.

(k) A lawyer must hand all papers intended for the court to see to the courtroom deputy clerk, who will pass them up to the judge. Hand to the clerk, rather than the court reporter, any exhibits to be marked which have not previously been identified; and give the clerk, as soon as convenient before the trial, a list of witnesses showing the probable order in which they will be called.

(l) Photographing, broadcasting or televising any judicial proceeding or any person directly or indirectly involved in a proceeding, whether court is in session or not, in or from any part of a United States Courthouse, is prohibited, except with the permission of the judge presiding.

(m) Audio recorders, audio- or video-recording cell phones, or other means of recording the proceedings must not be brought into a courtroom, except with the permission of the judge presiding. This rule does not apply to such recorders or other devices used by, and under the direction and control of, a judicial officer or the official court reporter.

(n) Cell phones, pagers, e-mail devices, and music players must be turned off while inside a courtroom.

(o) The following are prohibited in a courtroom:

(1) using tobacco in any form; (2) consuming or possessing beverages or edibles (except as permitted by the judge presiding); (3) chewing gum while court is in session; (4) unnecessary talking or other unnecessary noises while court is in session.