A
Anon.
Guest
- Jurisdiction
- Kentucky
This is not a legal question, per se, but I am asking if other attorneys have experienced this and how the courts have handled it in their jurisdictions. The use of computers and smart phones is in everywhere. I know that is is acceptable and even important to review social media on a potential party or witness prior to a hearing in court. This would include perusing Instagram, Facebook, and Twitter among others.
I practice in dependency neglect and abuse court where I have witnessed this twice within the last week. We are in a smaller family court room. The issue that I am wondering about is whether it is acceptable practice or even should be allowed to use your Smart Phone, that is on and beside in on the table, to do searches on witnesses on the stand to impeach them. This would consist for example of checking their criminal background or posts that person has made on Facebook. The County Attorney in the county I practice has done this, once by using Facebook. Also, they have pulled up another parties criminal history. Now, this is done in open court, discreetly, but done.
I know that this was not done before court because the first witness impeached on Facebook, was a last minute decision by myself. She lived in a neighboring state, was never in the court, and was a friend and supportive person for my client. She was not on a witness list beforehand. I only met this person right before court, but thought she would support my client's position.
The second incident that happened this week was when I questioned my client, who lived in a distant county county, who his landlord or roommate was. Again, the County Attorney would not have know about this person until it was raised through questioning. The County Attorney did a search, and I saw them, on their Smart Phone, and used that information to impeach that information on cross examination.
I have never had this happen before. I do not carry a Smart Phone, period, so I do not have access to that or a computer in court.
I want to research acceptable practices in other courtrooms before I approach the Judge or other people about this. I know that technology is outstripping our rules of Court, but some courthouses will not even allow cell phones in the building and require all cell phones to be turned off during court, including attorney phones. To be able to use the Smart Phone as an empeachment devise in court just seems unlawful and sleazy.
Please comment or relate other court experiences.
I practice in dependency neglect and abuse court where I have witnessed this twice within the last week. We are in a smaller family court room. The issue that I am wondering about is whether it is acceptable practice or even should be allowed to use your Smart Phone, that is on and beside in on the table, to do searches on witnesses on the stand to impeach them. This would consist for example of checking their criminal background or posts that person has made on Facebook. The County Attorney in the county I practice has done this, once by using Facebook. Also, they have pulled up another parties criminal history. Now, this is done in open court, discreetly, but done.
I know that this was not done before court because the first witness impeached on Facebook, was a last minute decision by myself. She lived in a neighboring state, was never in the court, and was a friend and supportive person for my client. She was not on a witness list beforehand. I only met this person right before court, but thought she would support my client's position.
The second incident that happened this week was when I questioned my client, who lived in a distant county county, who his landlord or roommate was. Again, the County Attorney would not have know about this person until it was raised through questioning. The County Attorney did a search, and I saw them, on their Smart Phone, and used that information to impeach that information on cross examination.
I have never had this happen before. I do not carry a Smart Phone, period, so I do not have access to that or a computer in court.
I want to research acceptable practices in other courtrooms before I approach the Judge or other people about this. I know that technology is outstripping our rules of Court, but some courthouses will not even allow cell phones in the building and require all cell phones to be turned off during court, including attorney phones. To be able to use the Smart Phone as an empeachment devise in court just seems unlawful and sleazy.
Please comment or relate other court experiences.
