Md. R. Ct. Admin. 16-208
In this Rule the following definitions apply:
"Court facility" means the building in which a circuit court or the District Court is located. If the court is in a building that also is occupied by county or State executive agencies having no substantial connection with the court, "court facility" means only that part of the building occupied by the court.
"Electronic device" means (A) a cell phone, a computer, and any other device that is capable of transmitting, receiving, or recording messages, images, sounds, data, or other information by electronic means or that, in appearance, purports to be a cell phone, computer, or such other device; and (B) a camera, regardless of whether it operates electronically, mechanically, or otherwise and regardless of whether images are recorded by using digital technology, film, light-sensitive plates, or other means. "Electronic device" does not include court equipment used by judicial officials or personnel.
"Local Administrative Judge" means the County Administrative Judge in a circuit court and the District Administrative Judge in the District Court.
Subject to inspection by court security personnel and the restrictions and prohibitions set forth in section (b) of this Rule, a person may (A) bring an electronic device into a court facility and (B) use the electronic device for the purpose of sending and receiving phone calls and electronic messages and for any other lawful purpose not otherwise prohibited.
An electronic device may not be used to facilitate or achieve a violation of an order entered pursuant to Rule 5-615(d).
Except as permitted in accordance with this Rule, Rules 16-502, 16-503, 16-504, or 16-603, or as expressly permitted by the Local Administrative Judge, a person may not (i) take or record a photograph, video, or other visual image in a court facility, or (ii) transmit a photograph, video, or other visual image from or within a court facility.
Committee note: The prohibition set forth in subsection (b)(2)(B) of this Rule includes still photography and moving visual images. It is anticipated that permission will be granted for the taking of photographs at ceremonial functions.
An electronic device shall not be used in a manner that interferes with court proceedings or the work of court personnel.
Committee note: An example of a use prohibited by subsection (b)(2)(C) of this Rule is a loud conversation on a cell phone near a court employee's work station or in a hallway near the door to a courtroom.
An electronic device may not be brought into a jury deliberation room after deliberations have begun.
Except with the express permission of the presiding judge or as otherwise permitted by this Rule, Rules 16-502, 16503, 16-504, or 16-603, all electronic devices inside a courtroom shall remain off and no electronic device may be used to receive, transmit, or record sound, visual images, data, or other information.
Upon a finding that the circumstances of a particular case raise special security or privacy issues that justify a restriction on the possession or use of electronic devices, the Local Administrative Judge or the presiding judge may enter an order limiting or prohibiting the possession of electronic devices in a courtroom or other designated areas of the court facility. The order shall provide for notice of the designated areas and for the collection of the devices and their return when the individual who possessed the device leaves the courtroom or other area. No liability shall accrue to the security personnel or any other court official or employee for any loss or misplacement of or damage to the device.
Subject to subsection (b)(2)(F) of this Rule, the attorneys in a proceeding currently being heard or scheduled to be heard on a court docket that day, their employees, and their agents are permitted the reasonable and lawful use of an electronic device in connection with the proceeding provided that:
A court may not deny reasonable and lawful use of an electronic device in a courtroom by an attorney, except upon a finding of good cause made on the record.
Notice of the provisions of sections (b) and (c) of this Rule shall be:
Md. R. Ct. Admin. 16-208
This Rule is derived from former Rule 16-110(2016).
HISTORICAL NOTES
2018 Orders
The October 10, 2018 order amended (b)(2)(D) to add language clarifying that electronic devices may not be brought into a jury deliberation room after deliberations have begun.