GOVERNMENT

Cellphones present growing problem in Topeka, area courtrooms

Luke Ranker
A sign outside the Division 15 courtroom, where Shawnee County District Judge Mark Braun last week criticized the use of cellphones, notes that phones cannot be used in the courtroom. (Submitted)

When a Shawnee County District Court judge rebuked people for using cellphones during a first-degree murder trial this past week, it was just the latest example of the growing distraction cellphones pose during court proceedings.

The use of electronic devices such as cellphones is prohibited in courtrooms unless a judge gives special permission. Judges and court clerks frequently warn against their use, but more often, the issue is less about phones ringing in court and more about concern for clandestine recordings of proceedings, said court administrator Charles Hydovitz.

“It’s an issue growing in leaps and bounds across the country,” Hydovitz said.

Recording court proceedings or providing real-time information through social media or text messages can have serious implications for a case.

If a sequestered witness learns about testimony before taking the stand or jurors are photographed, a mistrial may result, Hydovitz said.

Last week, during the first-degree murder trial of Shane Edward Sibert, Shawnee County District Judge Mark Braun chastised members of the gallery for cellphone use.

Braun had issued several warnings about the use of phones, noting those caught would either be removed from the courtroom or possibly face charges of contempt of court.

But during a recess, he learned some people may have used a cellphone to shoot video of other people involved in the case.

While The Topeka Capital-Journal was given permission to shoot photos of certain witnesses and attorneys during the trial, video and photographs are barred in the hallway of the Shawnee County Courthouse.

“This is a serious trial for Mr. Sibert, not a game of tit-for-tat in the hall,” Braun said while issuing his warning.

Speaking generally, Braun said cellphones had become a distraction in his courtroom more frequently over the past few years, usually requiring a stern warning.

“They’re kind of like a hat,” Braun said of phones. “People get used to wearing them and 90 percent of the time they remember to take them off, but sometimes you have to remind people.”

During the June trial of Jacob C. Ewing in Holton, a photograph of Ewing and his younger brother, Drake, taken in the courtroom caused a brief distraction.

In the photo, Drake was seen smiling with Jacob, also smiling, in the background by the defense counsel’s table with the caption “Hi brother.” It was posted on Snapchat, a photo and video-based social media platform, then shared with The Capital-Journal.

Jackson County District Judge Norbert Marek began the following day’s proceedings with a swift warning that additional misuse of phones would result in immediate removal from the courtroom for the remainder of the trial.

While Marek had given some members of the news media access to laptops and cellphones for reporting purposes, the general public wasn’t included, and photos and videos had been strictly barred inside the courtroom.

Braun said such behavior has become more common in courtrooms because cellphones and social media are a pervasive part of culture. In the past, he has had deputies confiscate phones, while other judges have required members of the public to hand over their phones before entering courtrooms.

At the Kansas Judicial Center, home of the state Supreme Court, cellphones have been less of an issue than in lower courts, said Kansas Courts spokeswoman Lisa Taylor, probably because of the lower volume of cases handled by the appellate and supreme courts.

Once a court clerk in the appellate court reported a man representing himself in a case used his phone to film clerk’s office staff processing his filing, Taylor said.

She recalled an incident in Norton County where a photo taken of prospective jurors caused a mistrial.

In that case, a Nebraska television station failed to obtain permission to film inside the courthouse before the trial, then aired footage of potential jurors.

“The judge is responsible for maintaining a fair and impartial trial,” she said. “Posting on social media or taking photos of the defendant can jeopardize that.”

Cellphones are banned entirely from the Frank Carlson Federal Building, where the U.S. District Court of Kansas is held.

While often a distraction for the general public, phones can be a tool for attorneys. Judges frequently give defense counsel and prosecutors permission to use phones so they can communicate with colleagues outside the courtroom.

“In that way, they can help keep the flow of proceedings moving,” Braun said.

Contact reporter Luke Ranker at (785) 295-1270 or @lrankerNEWS on Twitter. Like him on Facebook at facebook.com/lukeranker.