4.3      Electronic communication devices

1. Definition - "Electronic communication devices" are defined as cellular telephones, laptop computers, and other communication devices capable of transmitting data, video or audio electronically using cellular, wireless, or other means.
2. General policy - Except as provided in LGenR 4.3(c) and court orders, electronic communication devices are not permitted in federal court facilities.
3. Exempted persons - The following persons are permitted to carry and use electronic communication devices within federal court facilities in the Western District of Michigan:
   
   1. Officers of the court - attorneys appearing in their official capacity as officers of the court;
   2. Building tenants - employees and visiting employees of the federal court facility;
   3. Parties to litigation - parties, other than defendants in criminal cases, who enter a federal court facility accompanied by their attorney, if their counsel certifies to security staff that such devices are necessary to facilitate litigation pending before the court;
   4. U.S. Marshals Service personnel - including court security officers and contract guards;
   5. Other federal, state, local law enforcement - when appearing in their official capacity;
   6. GSA approved contractors - by written notice to the U.S. Marshals Service, the GSA property manager or his or her designee may authorize an individual or contract group to possess an electronic communication device for the purpose of maintaining or enhancing the facility, to include repair and alterations;
   7. Jurors - grand jury members, petit jury members, and persons appearing as directed pursuant to a jury summons;
   8. Judicial authority - upon request to the court, a judicial officer may issue an order granting permission to an individual or group, otherwise not authorized to possess an electronic communication device. The U.S. Marshals Service shall be notified of such order;
   9. Members of the press - members of the press who present official credentials satisfactory to the U.S. Marshals Service; and
   10. Federal credentialing clients - by written notice to the U.S. Marshals Service, the GSA property manager or his or her designee may authorize an individual, who is a newly-retained contractor or prospective Federal Government employee, and who has not yet received his or her credentials, to possess an electronic communication device to attend their appointment in the GSA credentialing office.
4. Conditions for authorized use of electronic communication devices - Unless express permission to the contrary is given by the presiding judicial officer, the following conditions and restrictions apply to those individuals authorized to carry an electronic communication device:
   
   1. while in a courtroom, electronic communication devices shall be in the off position at all times, unless the presiding judicial officer gives permission for use of the device;
   2. the device may not be used and must be turned off except in designated areas of the court facility;
   3. the device cannot be initiated, answered, examined, or manipulated (for text messaging or otherwise) while in a courtroom;
   4. the device may be used for communication by non-building tenants only in designated areas. Designated areas will be identified by each court facility by administrative order, to be posted prominently in each facility and on the court's website; and
   5. the electronic communication device may not be used for purposes of taking pictures or making any audio or video recording in violation of LGenR 4.1(c).