Smart-Phone-Office Photo Credit: wavebreakmedia/Shutterstock.com

Attorneys arguing cases in the Appellate Division, Second Department, will be allowed to use electronic devices in the courtroom to refer to notes, briefs or the record and to conduct research and take notes, according to a policy announced Thursday.

Making phone calls or using the devices for any other purpose is still prohibited. Litigants arguing pro se will also be able to refer to the electronic devices.

The Second Department joins the First and Third in allowing portable devices such as laptops. phones and personal digital assistants. The Fourth Department allows the devices in certain instances, such as a reporter who wants to tweet during a proceeding.

In the Second Department, attorneys who are arguing their cases or who are next to argue will be allowed to use the devices but they must be inaudible.

In addition to courtroom use, the Second Department will allow portable electronic devices in the attorneys' lounge and the clerk's office.

The use of audiovisual recording equipment for photographing or audio or video recording, transmission or broadcasting within the Second Department is prohibited,

The First Department began allowing lawyers and litigants arguing pro se to use electronic devices in its Madison Avenue courtrooms on Feb. 12.

“Our new policy on the use of portable electronic devices is part of our efforts to bring the Appellate Division, First Department, into the 21st century,” Presiding Justice Rolando Acosta said at the time. “Those efforts include livestreaming of oral arguments, which began last fall, the implementation of e-filing of commercial cases beginning next month, and installing Wi-Fi access points throughout the courthouse to provide free internet access.”

The Third Department allows the inaudible use of electronic devices within the courtroom and the use of electronic devices outside of the courtroom. It also permits people to use electronic devices outside the courtroom.

Mark Bennett, the clerk of the Fourth Department, said justices in that court also allow the inaudible use of electronic devices if it's not disruptive.