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Judges to decide on electronic devices on an individual basis

Monday, April 27, 2015

Associated Press

With the Pennsylvania Supreme Court declining to ban tweets, texts, email and other electronic communication in Pennsylvania courtrooms, county judges will decide on a case-by-case basis whether the public and news organizations are allowed to report court proceedings in real time.

Some prosecutors and defense attorneys say they’re in favor of making electronic communication part of the open access to court proceedings protected by the state Constitution.

“We’re in a new world,” James Swetz, president of the Pennsylvania Association of Criminal Defense Lawyers, told The (Allentown) Morning Call. “The law has to catch up with the new world.”

But some judges ban all electronic devices, fearing the effect they could have on courtroom decorum or even the safety of witnesses.

“We don’t want anyone to be able to communicate during a criminal proceeding,” Northampton County President Judge Stephen Baratta said.

Gayle Sproul, legal adviser to the Pennsylvania Freedom of Information Coalition, said the state needs a clear policy.