Ind. Elkhart Cnty. Local Rule LR20-AR00-102

102.1. Professional Conduct

It is intended that the business of the Courts of the 34th Judicial Circuit will be conducted by Judicial

Officers in accordance with the Indiana Code of Judicial Conduct and that lawyers practicing in these

Courts will do so in accordance with the Indiana Rules of Professional Conduct.

The term “Judicial Officer” means a Judge, Magistrate Judge, Senior Judge, Pro Tem Judge, Referee, and

Temporary Judge.

Nothing contained in these rules is intended to limit the jurisdiction and authority of any judicial officer of

Circuit Court or Superior Court acting within the law and rules promulgated by the Indiana Supreme

Court.

In an individual case, a Judicial Officer, upon motion of any party or on the court’s own motion, may

suspend or modify any of these local rules should the interests of justice so require pursuant to Indiana

Rule of Trial Procedure Rule 81 (H).

102.2. Behavior in the Courthouse

While in any court complex in Elkhart County, the following behavior is prohibited:

(1) Lawyers and litigants shall not lean on the bench, podiums and shall not sit or lean on counsel

tables or the jury box.

(2) Lawyers, litigants, and spectators shall refrain from unnecessary conversation in the courthouse

or in the courtroom that would disturb the proceedings. Any necessary conversation in the courthouse or

in the courtroom shall be conducted at a sufficiently low voice level so as not to interfere with the conduct

of trials, hearings, or other proceedings before the court.

(3) Lawyers, litigants, and spectators shall not enter the courtroom with food or beverages unless

authorized by the Judicial Officer presiding in the courtroom.

(4) Lawyers, litigants, and any other person in the courtroom shall not talk to the court reporter

during the hearings in which they are not participating.

(5) Lawyers, litigants, and any other person shall not chew gum or tobacco in the courthouse.

102.3. Appearance and Dress

Every person who enters a court complex in Elkhart County should be appropriately dressed. Lawyers

should appear for court proceedings in professional attire; litigants, witnesses and spectators should appear

in appropriate attire. Examples of clothing that are inappropriate and are prohibited from being worn

during court proceedings include, but are not limited to:

(1) Hats or caps

(2) Outer garments such as topcoats, overcoats, jackets, or overshoes

(3) Clothing that exposes the midriff

(4) Shorts of any kind

(5) Sleeveless shirts (that is “muscle shirts” and “tank tops”)

(6) Shower shoes (that is rubber “flip-flops”)

(7) Suggestive or otherwise inappropriate clothing (that is, poorly fitting, slovenly, or uncleanly)

(8) Pajamas

102.4. Prohibited Items

To ensure compliance with state law and to promote public safety, the following rules apply to the

presence or use of specific items in and around the courthouse complexes within Elkhart County:

102.4.1. Weapons

No attorney, litigant, witness, or spectator may possess firearms, knives, or other deadly weapons while in

or around the courthouse complexes within Elkhart County without the prior written authorization of a

Judge. However, a law enforcement officer who is not a litigant in a pending matter and who is appearing

as a witness may retain possession of their issued firearm while in the courthouse so long as the law

enforcement officer advises, and receives the permission of, the supervisor of the courthouse security detail

upon entering the courthouse complex or has prior authorization from a Judge of one of the Courts. In

addition, if the law enforcement officer is responding to a call inside the courthouse complex as to the

need for law enforcement or protection services, then they may retain their weapons.

102.4.2. Cameras, Recording Devices and Electronic Devices

1. All cameras, recording devices, cellular telephones, smart phones, tablets computers, laptop

computers, smart watches and similar electronic devices (collectively, “electronic devices”)

shall be subject to inspection upon entry at all designated court security checkpoints.

2. Unless previously authorized, all visitors shall refrain from bringing electronic devices inside the

courthouse. If an electronic device is placed in a public area on the courthouse premises, it will

be subject to confiscation.

3. In the event that a visitor does not have a secure place to store electronic devices, the electronic

device, or any other item with recording ability, may be brought into the courthouse under the

following procedure. Any electronic device brought inside the courthouse shall be turned off in

the presence of court security officers and placed in a locked pouch provided by court security.

The electronic device(s) will remain in the locked pouch while the visitor is inside the

courthouse, unless judicial officials unlock the device for specific court related business.

4. Devices in a locked pouch shall remain in the possession of the visitor while in the courthouse.

The locked pouch may not be opened, damaged or tampered with while in the visitor’s

possession, and must be returned to the court security officers before leaving the courthouse, at

which point the pouch will be unlocked and the personal device will be removed from the

pouch and returned to the visitor.

5. Intentional damage, attempted damage, theft, or attempted theft of the locked pouch may

subject the visitor to criminal penalties, including but not limited to fines and imprisonment.

6. Only the following people shall be exempt from placing their electronic devices in a locked

pouch or receptacle. The following exempt individuals are not permitted to carry another

individual’s electronic device into the courthouse, without placing it in a locked pouch.

a. All Elkhart County Judiciary staff and other Elkhart County employees on official business

with valid court-issued identification.

b. All attorneys with a current bar identification card from any jurisdiction, but only while at

the courthouse on official business.

c. Law-Enforcement officials on official business with valid identification or badge.

d. Employees of delivery services or courier services and law firm couriers who frequent the

courthouse, when on official business and carrying valid identification or documents.

e. Individuals with implanted biometric sensors that send medical alerts to their electronic

device, (Example: diabetic blood sugar testing).

f. Students or invitees of pre-arranged training classes, meetings, or activities that have been

sponsored by a court or agency occupying the facility.

g. Non-Judiciary or County employees on official business who present a valid agency

identification card.

A. Violation of the Policy

1. Any person who violates these rules is subject to having his or her device confiscated and

may be removed from the courtroom or courthouse.

102.4.3. Photographs

The taking of photographs, sound recording (except by official court reporters in the performance of their

duties), broadcasting by radio, television, telephone, or any other means, in connection with any judicial

proceeding in the environs of the court complex in Elkhart County as allowed by Judicial Conduct Rule

2.17 and the Elkhart County Court’s Administrative Rule III or as required by court streaming as

authorized by the Indiana Supreme Court. The incidental use of cameras and other recording devices is

permitted in investiture, ceremonial, training, marital, or other non-judicial proceeding at which a judicial

officer may permit the taking of photographs, broadcasting, live streaming, televising, or recording. The

same is allowed after adoption hearings after the court has concluded its official duties and the court has

officially declared itself off the official record. A judicial officer, by specific order, may allow the use of

cameras or audio/visual recording equipment in a judicial officer’s courtroom in an individual case so

long as authorized by the Supreme Court of Indiana.

102.4.4. Limitations on the use of Cameras, Telephones, Personal Digital Assistants (PDAs) and other

electronic devices

In courtrooms that restrict these devices, the following exceptions apply: attorneys, credentialed

journalists, court employees, building personnel, law enforcement officers, and other government

employees on official business may take these electronic devices into the Courthouse complexes of Elkhart

County. Individuals who are allowed to take an electronic device into Courthouse complexes will ensure

that the device is deactivated before entering a courtroom and will not be allowed to activate the device

while inside a courtroom; however, court staff, attorneys, maintenance staff and security staff may take an

activated electronic device into a courtroom to facilitate court security and safety and operations, provided

that the electronic device is switched to vibrate (rather than an audible) mode prior to entering a

courtroom.

Further exception being use of the device for court business related activities, such as, access to personal

calendars, court records and counsel’s case files. This does not restrict the use of notebooks, tablets,

laptops, or other portable computing devices, recognizing many individuals have paperless offices.

All persons authorized by this Rule to take electronic devices into Courthouse complexes are strictly

prohibited from using such devices for any improper or unlawful purpose, including without limitation the

taking of any photographs, videos or moving pictures, recording audio or video, and texting. In the

interests of privacy, safety and justice, a judge or any judicial jfficer, a bailiff or a duly authorized court

security officer, may prohibit an individual who is otherwise allowed to possess an electronic device in a

Courthouse complex from taking an electronic device into any portion of a Courthouse complex; provided

that if a security officer prohibits an individual from taking an electronic device into a Courthouse

complex, the security officer will prepare a written report detailing the reason and concern, and shall

distribute a copy to the Sheriff and to the appropriate judicial officer. By written authorization, a judicial

officer may permit an expert witness or other person to utilize an electronic device in a specifically

designated area within a Courthouse complex. Nothing in this rule is intended to prevent an individual

from using a cellular telephone in the case of a legitimate emergency involving the personal health or

safety of that individual or a third party.

102.4.5. Enforcement

1. The Sheriff of Elkhart County (hereinafter “Sheriff”), courthouse security personnel, and the

bailiffs of each of the Courts are authorized to monitor and enforce compliance with these

Rules of Conduct and Dress. Any person violating the rules regarding photography,

cameras, cellular telephones, PDAs or other electronic devices shall be subject to immediate

confiscation of the camera, cellular telephone, PDA or electronic device and a fine of up to

and including one-thousand five hundred dollars if a camera or device makes an audio or

visual recording, or a telephone or PDA creates an audible noise, in a courtroom of a

courthouse complexes within Elkhart County while court is in session, which penalty shall

be imposed at the discretion of the judicial officer in whose courtroom the violation

occurred or whose court proceeding was disrupted. Additionally, any person who violates

these rules will have his or her device confiscated and will be removed from the courtroom

or courthouse.

102.4.6. Consent to Search

All persons entering any of the courthouse complexes within Elkhart County are required to pass through

a magnetometer/x-ray screening point and to comply with all reasonable requests of courthouse security

personnel, including a reasonable search of their person and effects to ensure that the person is complying

with this Rule.

The Sheriff, law enforcement officers, or court security personnel may detain any person who they have

reason to believe possesses any weapon or other prohibited item in violation of this Rule for a period

sufficient to obtain name, address, date of birth, social security number, and/or to seize any weapon or

other prohibited item.

102.5. Video/Virtual Hearings and Live Streaming of Court Proceedings

A. The appearance of counsel, litigants, witnesses, and other persons required to appear in court

proceedings (referred to as participants) may appear by video conference or phone conference at the

discretion of the judicial officer presiding over the court proceeding and as allowed by the Indiana Rules of

Trial Procedure, the Indiana Administrative Rules or any other Rule, Order or Directive of the Indiana

Supreme Court. The judicial officer may designate the hearing in person or virtual in the notice of hearing.

The judicial officer may modify or terminate the video or phone appearance in the judicial officers’ sound

discretion at any time including during a proceeding.

B. Live Streaming of court proceedings is allowed at the discretion of the judicial officer presiding

over the court proceedings and as allowed by the Indiana Rules of Trial Procedure, the Indiana

Administrative Rules or any other Rule, Order or Directive of the Indiana Supreme Court. The judicial

officer may modify or terminate the live stream in the judicial officers’ sound discretion at any time

including during a proceeding.

C.Sections 102.1 Professional Conduct and 102.3 Appearance and Dress apply to video or phone

hearings.

D. Participants appearing by video are required to use an appropriate background or situate

themselves in a location with an appropriate background. Guidelines for an appropriate background

include, but are not limited to backgrounds that are:

1. clear or clear from clutter.

2. Colors or images that do not distract from the proceeding including but not limited to free

from pictures, posters, signage, lettering, etc., that contain offensive or inflammatory language or display

images that are pornographic, offensive, or otherwise inappropriate for a courtroom environment.

The judicial officer has final discretion to determine if a background is appropriate and allowed for

a court proceeding, including, but not limited to termination of the hearing.

E. The location of the remote area is required to be quiet without background noise or interference

from other individuals not involved in the proceeding. The setting should be as close as possible to the

dignified and serene environment of the courtroom.

F. Participants should not eat, drink, smoke, talk to other people or engage in any other activities

that would not be acceptable if the participants were in the courtroom. Participants should speak slowly,

never interrupt a speaker, and only speak when prompted to speak. Microphones should be on mute until

the case is called by the court.

G. The participants are responsible for accessing the virtual hearing. The Court will send the log-in

instructions to participants by e-mail. Participants are required by the Rules of Trial Procedure to have on

file an email address and updates to same, if no e-mail address is available then such log in instructions are

sent by the mail notice system as any other notice or order of the court pursuant to TR 86. The Court and

its staff have no obligation or responsibility to contact the participants once the court has issued the log-in

instructions.

H. Participants logging into a virtual hearing must use a username or display name that is

appropriate and not offensive in nature; this display name should be some combination of the participant’s

first and last name.

I. Attorneys are required to appear by video and audio. Attorneys are required to have adequate

internet bandwidth and connectivity to allow them to transmit without distortion. Attorneys unable to

meet these requirements will not be allowed to participate in video/virtual court proceedings.

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L. Unrepresented participants must follow these rules except for Sections I and J. Unrepresented

participants should make every effort to appear by video and appear by audio only if they are not

successful in logging in to the court hearing by video or they do not have equipment (phone or computer)

that has video capability.

M. Exhibits may only be submitted upon approval of the court and submitted in such a manner as

directed by the court.

N. Recording of video/virtual hearings are prohibited.

O. In summary: decorum, dress and behavior on a virtual hearing should be the same as an in-person hearing.