Tuscola County District Judge Kim David Glaspie’s banning of cellphones and other electric devices from the entire courthouse is being challenged.
Robert McKay claims that Glaspie did not have authority to issue an April 22 ban on electronic devices from the entire courthouse, reports Tuscola Today. Rather, he says the judge could only prohibit using cellphones in the courtrooms. (See, “New policy says cellphones not allowed in Tuscola County court – but attorneys exempt,” MiLW Blog, May 7, 2013.)
“My general concern is that the policy entitled ‘Mobile Electronic Device Policy for Court Facilities’ is possibly not within the authority of Judge Glaspie to order, and is exceptionally poor public policy to undertake without any form of citizen input,” McKay says in his written challenge. He states the ban is not uniformly administered and compares the judge’s action to Taliban government in Afghanistan’s prohibition on possession of electronic devices like television, satellite dishes and video recorders, according to the newspaper.
“It is wholly improper for the court to consider a general ban of electronic devices in the hands of the general public, but then to allow an exempted class consisting of certain Tuscola County employees and officers of the court,” McKay writes. He claims this contributes to an “us versus them” perception, in addition to contradicting that government is “of the people, for the people, by the people.”
To support his argument, McKay cites MCR 8.115(C), which concerns establishing a policy on portable electronic communication devices. He acknowledges the rule allows a judge to take such action “within the court,” but he claims the authority to ban does not include areas like the lobby and hallways.
State Court Administrative Office Region III Administrator Bruce Kilmer, who oversees the court’s operations, supports Glaspie’s decision. “I would say the judge is on solid ground. The point of entry to the courthouse is the only location to enforce electronics are not taken into the areas the judge prohibited,” says Kilmer, noting that other courthouses have similar policies.
