The judges of the Circuit Court, General District Court and Juvenile and Domestic Relations District Court for Augusta County find that the rules set forth below are necessary to properly maintain security, efficient and safe use, and order and decorum in all courtrooms, courthouse facilities, and environs within and about the Augusta County Courthouse. Accordingly, with the concurrence of the judges of the General District and Juvenile and Domestic Relations District Courts, and pursuant to the authority conferred by Sections 8.01-4, 16.1-69.35:4 and 17.1-128.2 of the Code of Virginia.

a. "Portable electronic device" means (i) a personal laptop; (ii) a tablet; (iii) a mobile telephone, including a cell phone and any telephone with a camera, audio and video recording capabilities, and transmission capabilities; (iv) an electronic calendar; (v) an electronic book reader; (vi) a smart watch; or (vii) any other electronic personal communication device. "Portable electronic device" does not include a camera, a video camera, video or audio recording equipment, or a recording device that is not otherwise a component of a portable electronic device.

b. "Professionals appearing on official business" means attorneys, law enforcement officers, Department of Social Services employees, probation officers, court reporters, title examiners, and victim/witness advocates visiting the courthouse within the scope of their employment.

c. "Courthouse employees" means personnel who work in the courthouse and are visiting the courthouse within the scope of their employment.

d. "Member of the public" means all visitors to the courthouse who are not professionals appearing on official business under paragraph 1(b) or courthouse employees under Paragraph 1(c).

 e. "Recording" means use of a portable electronic device or other device to take photographs, make audio or video recordings, or transmit live audio or video streaming.

1. MEMBERS OF THE PUBLIC: In order to maintain safety, security, proper behavior, order and the administration of justice, a member of the public may bring a portable electronic device into the courthouse ONLY WHEN IT IS POWERED OFF. The portable electronic device must remain always powered off unless otherwise authorized pursuant to this Order. Placing the phone on silent mode, do not disturb, or airplane mode will be considered a violation of this Order as turning the portable electronic device off is the only way to ensure the device does not vibrate, make a background sound, issue an alert, or otherwise create a potential distraction. 

2. SPECIFIC AUTHORIZATION: Anyone with specific authority from the Court may possess and use their portable electronic devices within the scope of that authority, subject to the restrictions in paragraphs 4 through 6 below. 

3. USE IN COURTROOMS: Members of the public may not use a portable electronic device in the courtroom without specific authorization from the presiding judge. Professionals appearing on official business and courthouse employees may use their portable electronic devices in courtrooms subject to the restrictions in paragraphs 4 through 6 below and further prohibition or restriction by the presiding judge. Portable electronic devices must remain silent.

4. RECORDING: Subject to paragraph 8 below and Virginia Code §16.1-69.35:2, recording within the courthouse is prohibited except with prior written or express authorization by a presiding judge. An individual authorized under Virginia Code §16.1-69.35:2 to audio record district court proceedings must inform the presiding judge in court that they intend to record the proceedings before beginning to record.

5. PROHIBITED DEVICES: Cameras, video cameras, video or audio recording equipment, and recording devices--including smart glasses-- that are not otherwise a component of a portable electronic device are not considered portable electronic devices under this policy and are prohibited inside the courthouse absent specific written permission of a presiding judge.

6. FURTHER LIMITATIONS: A judge or other authorized officer may prohibit or further restrict the use of any portable electronic device as needed to maintain safety, security, proper behavior, order, and the administration of justice. 

7. COURT REPORTERS: Notwithstanding paragraph 5 above, licensed court reporters retained by the Court or one of the parties to create an official record of the proceedings may bring audio recording equipment into the courthouse for use in their official duties. Moreover, notwithstanding paragraph 4 above, court reporters may audio record the proceedings for which they are tasked to create an official transcript.

8. CONFISCATION OF EQUIPMENT AND EJECTION OF USER: Persons violating this Order may be ejected from the Courthouse and/or found in contempt of court and subject to penalties as provided by law for contempt. Any portable electronic device or other device used or possessed in violation of this Order or related order or policy may be confiscated. 

9. MEDIA REGULATION: Nothing in this order limits a Court's authority pursuant to Virginia Code § 19.2-266 to regulate media coverage of judicial proceedings.

1. All persons entering the courthouse must dress and at all times conduct themselves in a respectful and appropriate manner that is indicative of the dignity of court proceedings.

2. Unsealed food or drink items shall not be brought into the Court Buildings by the general public. 

3. Sealed food or drink items brought into the Court Buildings by the general public shall be subject to pre-approval by a sheriff or sheriff's deputy prior to being brought into the Court Buildings.

4. Food or drink, whether purchased from on-premises vending machines or brought in the Augusta County Courthouse, after having first been approved by a sheriff or sheriff's deputy, shall only be possessed or consumed in designated areas. Courthouse employees may possess or consume such items in areas approved or designated by their supervisors.

5. No food or drink may be consumed in courtrooms, except water may be made available to litigants, counsel, and jurors. 

1. All entranceways, corridors, and approaches to courtrooms, offices, and other rooms in the Courthouse and the exterior grounds appurtenant to the Courthouse shall be kept clear.

2. No activities that disrupt or have a tendency to interfere with the business of the courts or the persons entering or exiting the court buildings shall be permitted within the Courthouse or on the adjacent or surrounding grounds.

 

Any law enforcement officer shall have discretion and authority to enforce this ORDER and any violations hereof shall be addressed by all available legal means or remedies, including, but not limited to, criminal prosecution, contempt or physical removal.

This ORDER superseded and supplants any prior orders that address issues of conduct and security within the Augusta County Courts.