(A) The following groups or persons are exempted from the provisions of this subchapter prohibiting possession of PEDs within the county Court House:
(1) Judicial officers of the state, of the federal judiciary or any judicial officer of any other state or territory of the United States;
(2) Active members in good standing of the State Bar or of a foreign state’s Bar who present to Court House security identification or other indicia or proof of their status as an active member of the State Bar or the Bar of a foreign state, together with recent photographic identification;
(3) Staff employed by an attorney who is exempted in accordance with division (A)(2) above, including paralegals, if such staff person is there to assist the attorney and in all such cases, only on those days when the attorney is also present in court;
(4) Current county employees, local court employees and elected county officials with a valid County Sheriff-issued photo identification card; provided that, this exemption shall not entitle such employees or county officials to possess a PED within any of the courtrooms of the county Court House without the prior consent of the presiding judge in such courtroom;
(5) Current local, state or federal law enforcement officers while on official business with recent and valid governmentally-issued photographic identification;
(6) Vendors, service providers, builders, craftsmen and their employees who are engaged in the repair, restoration or equipment installations of the county Court House or its mechanical systems and who are approved by the current president of the County Board of County Commissioners, while in the course of performance of their work and trade; provided that, this exemption shall not entitle such persons to possess a PED within any of the courtrooms of the county Court House without the prior consent of the presiding judge in such courtroom;
(7) Land record title searchers who have received an exemption from the operation of this subchapter by the current president of the County Board of County Commissioners or from a currently sitting County Judge; provided that, this exemption shall not entitle such persons to possess a PED within any of the courtrooms of the county Court House without the prior consent of the presiding judge in such courtroom;
(8) Jurors or prospective jurors who possess and present to Court House security a valid juror summons or badge which exemption authorizes possession and use of such PEDs only outside of any county courtroom or jury deliberation room;
(9) Individuals otherwise permitted by law to possess such PEDs or as otherwise approved by a sitting County Judge; and
(10) Any person who would qualify under any of the above listed exemptions that is known to be so exempt by reason of the that person’s prior interactions with members of the Court House security staff may be permitted entry into the Court House, in the discretion of the on-duty Court House security staff member, without having to again present identification or other exemption-qualifying documentation. This discretion permitted the Court House security staff shall not be exercised during any period in which there is a declaration of a heightened level of Court House security declared pursuant to § 34.19 of this chapter.
(B) Use of PEDs by members or persons listed above as being exempt from the operation of this subchapter are still subject to the following limitations and restrictions on their use of PEDs.
(1) PEDs may be used by exempted persons or groups to retrieve or store information, to access the Internet; to send and receive text messages or information or to send and/or receive telephone calls only when outside the confines of the courtroom.
(2) PEDs may not be used while in the courtroom, judicial offices or judges’ chambers for any purpose without the prior consent of the presiding judge in such office, courtroom or chambers. Attorneys, their staff, parties, jurors and other exempt persons must silence their PEDs while they are in the courtroom.
(3) Use of cameras, video recording devices or audio recording equipment of any type or character is prohibited in the courtroom except for ceremonial functions that are pre-approved by a currently sitting County Judge.
(4) Any allowed use of a PED that is permitted by the apparent applicability of this subchapter may be terminated in the discretion of the presiding judge if, in the judge’s sole discretion, the use is found to be disruptive or distracting to a court proceeding or is otherwise contrary to the effective administration of justice.
(Ord. 2018-001, passed 1-10-2018)