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LGenR 4.4 Facility conduct conditions

4.4  Facility conduct conditions

  1. Enforcement - The United States marshal, his or her deputies, and court security officers may demand from any individual in possession of an electronic communication device, to produce identification in aid of enforcement of this rule. If the identification does not satisfy the officer that the person in possession of the device is authorized in accordance with the terms of this rule, the officer may refuse admittance to this person and/or confiscate the device.
  2. Violations
    1. Attorney discipline - An attorney violating this rule may be subject to discipline, including disbarment, in accordance with LGenR 2.
    2. Confiscation - A violation of this rule, including without limitation, unauthorized possession, use in an unauthorized space, possession of a device in an audible mode, and failing to turn off a device when required, shall result in immediate confiscation of the device. Any judicial officer may order confiscation of a cellular telephone or wireless communications device. Any United States marshal or deputy marshal or court security officer may also confiscate such a device. The U.S. Marshals Service shall develop a procedure for handling and storing confiscated devices.
    3. Contempt of court - A violation of this rule may be punished as criminal contempt of court. A violation that disrupts a judicial proceeding may be punished by summary proceedings.
  3. Relief from confiscation of a device - An individual whose device has been confiscated may apply in writing no more than 14 days after confiscation for its return. The application shall be made to the judicial officer whose proceedings were disturbed by the violation, or, if there is no such judicial officer, to the Chief Judge. The judicial officer may grant or refuse the request. Confiscated devices that are not returned shall be disposed of in a manner directed by the Chief Judge. Nothing in this paragraph shall prohibit the judicial officer or his or her designee to return a device after the conclusion of a court matter.
Date Last Modified: 
January 1, 2019