Western District proposes amended court conduct rule

The U.S. District Court for the Western District of Michigan is considering changes to its local court conduct rules that would, among other things, specify who can use cell phones, PDAs and laptop computers, where the devices can be used and under what circumstances, and the consequences of violating the rule.

If the amendment is adopted, the court will not be fooling around, folks.

The enforcement mechanism is noteworthy: any device being used outside of the rules "shall" be immediately confiscated either by judicial order or by court security personnel.

Even more noteworthy: violators could face disbarment and criminal contempt of court.

What about getting your equipment back if it's been seized? From the proposed amendment:

"An individual whose device has been confiscated may apply in writing not less than seven (7) days after confiscation for its return. The application shall be made to the judicial officer whose proceedings were disturbed by the violation, or, if there is no such judicial officer, to the chief judge. The judicial officer may grant or refuse the request. Confiscated devices that are not returned, either because no request has been made within the time provided or the request for return has been denied, shall be disposed of in a manner directed by the chief judge."

It's not completely draconian. There's an innocent screw-up exception:

"Nothing in this paragraph shall prohibit the judicial officer or his designee to return a device after the conclusion of a court matter if the violation was totally inadvertent."

The proposed amendment is open for comment through Aug. 1. Full text of the proposed amendment and instructions on how to comment here.