As per a standing order by the chief judge for the U.S. District Court for the Eastern District of Pennsylvania effective June 3, the U.S. Marshal must “implement a new procedure to regulate the possession and use of cameras and personal electronic devices, such as cellular telephones, smartphones, laptop computers, recording devices and tablet computers, by all visitors to all U.S. courthouses and other federal court locations in the Eastern District.” The purpose of the new procedure is “to ensure the personal security and privacy of parties, witnesses, judges, jurors and counsel involved in court proceedings.” The new procedure curtails the usage of cameras and personal electronic devices within U.S. courthouses and other federal court locations within the Eastern District of Pennsylvania. The procedure came in response to complaints by criminal defense attorneys and others that agents from Immigrations and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) took photos of persons talking to or otherwise in physical proximity of defendants inside or just outside of federal courthouses, thereby scaring away such persons and so preventing defendants from presenting the testimony of such persons at hearings in the courthouses.

In this month’s article, we will discuss whether the new procedures under the standing order should be effective and the cost of those procedures to those attempting to discharge their duty to protect the United States. As usual, we will find that the answers to these questions are ambiguous.

The Order

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