Model policy gone for good

Published 9:47 pm Wednesday, January 2, 2019

It would be unusual for us to take a favorable view of a local agency’s wholesale dismissal of a model policy recommended by a state agency.

However, in one recent case, we see the state agency’s model policy as an attempt to please everyone and applaud the local agency for sticking to its guns.

The Supreme Court of Virginia recently recommended a model policy that would allow electronic devices in courthouses with certain restrictions.

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But Suffolk Sheriff E.C. Harris has chosen to keep the long-held policy of his office that prohibits the public from bringing in any type of electronic device, and his reasoning is solid.

It has been the policy for the Mills E. Godwin Courts Building for many years that electronic devices such as smartphones and tablets are not allowed in the doors. Even in the days before smartphones, any mobile phone that had a camera was barred from the building.

As technology has evolved the past few years to include smartwatches, Harris has banned those, too, citing concerns about whether they could be used to improperly communicate with witnesses or others during a trial.

Harris is right to be concerned about whether the devices, once in a courtroom, could jeopardize a defendant’s right to a fair trial and the public’s interest in justice.

He’s also right to realize that it would be impossible to ensure the devices didn’t make it into the courtrooms once they were in the courthouse.

In its model policy and recommendation, the Supreme Court of Virginia anticipated and acknowledged many of the concerns that Harris has, but then put forth a model policy that seems to disregard them completely. The only recommendation it had was to provide lockers for those headed to a courtroom who have no other place to store their phone for the day — essentially banking on the honor system.

It seems the state Supreme Court was attempting to satisfy everyone with the model policy, but we all know that doesn’t work. This policy may have been a good starting point for smaller courthouses that didn’t already have a policy, but we’re pleased to see the rules are remaining the same in Suffolk, in the interest of justice.

In enforcing this policy, the Sheriff’s Office will need to continue to make allowances for those who bring evidence to court on their phones, and those who are dropped off and do not have a vehicle to store their phone. It also, however, needs to work with its partner agencies to ensure the public has broader knowledge of the policy. This would be an attempt to minimize these allowances to limit the distractions from the deputies’ vitally important work of keeping the courthouse safe for all who enter.