So I went to traffic court today to deal with a minor ticket. Before court started the bailiff gave a long spiel about what wasn’t allowed. No talking or electronic devices I can understand; no hats (or anything on the top of the head, including sunglasses) seems a bit silly but is at least an established convention.
But the one rule I don’t understand is no reading. I remember there being the same rule the one time I did jury duty. Is this a standard rule in all courts? What’s the logic behind it? The only rational that comes to mind is people loudly rustling newspapers.
If the rational is more based on general respect for the court, what else is not allowed? I know drawing is specifically permitted. What about, say, knitting? Or writing, assuming you don’t accidentally read while doing so?
I would have thought the jury duty one was fairly self-explanatory. The legal system supposedly works more effectively when jurors are paying attention to the proceedings instead of breathlessly waiting to find out what happens to Harry Potter and his friends.
When you’re a juror, of course you’re expected to pay close attention to the judge, lawyers and witnesses, as the trial actually unfolds before your eyes. You can’t be expected to do your duty and informedly deliberate to a verdict if you haven’t seen the exhibits, observed the testimony, heard the arguments of counsel, etc.
If you’re in court as a defendant, waiting with others for your case to be called, I know some judges who prefer no one to read so that everyone will see how other, similar cases are handled first, so that things don’t have to be explained over and over again. And, as you say, rustling newspapers can be annoying. FWIW, I’m a muni court magistrate, and I don’t mind people reading when I’m on the bench, as long as they’re quiet, and are paying just enough attention to hear their names called and promptly respond.
It’s all about decorum. You rise when the judge enters, you pay rapt attention to what is going on, and you dress and behave appropriately, you call him “your honor”, and you don’t rustle things, speak to friend, or cheer and clap. It’s like a church, only they don’t have to wait until you’re dead to give you your punishment.
(Even weirder, when I went to a game in Yankee Stadium the other week, they didn’t allow Kindles to be taken in. Maybe they were worried about people being too distracted and getting hit by a fly ball. Maybe the Yankees don’t want to have to compete with a good book because Harry Potter’s more exciting.)
I’m guessing (I hope) that the OP isn’t talking about reading while actually being on the jury, but rather waiting to be interviewed during voir dire or something similar. Otherwise, yeah, self-explanatory. Last time I went on jury duty, they told us to bring a book to read until we were called up.
I’ve noticed they don’t tell you not to read in felony courts. Is this because they have few people in the room, and they can assume that everyone’s paying attention? (Instead, they tell you not to try to communicate with defendants in custody.)
Leaving aside the special case of jurors, etc, it is to do with decorum. Basically, they don’t want you to treat the courtroom as a waiting room. If you’re not interested in the proceedings under way, you should behave as if you are, or leave.
And that points to the answer to the questions at the end of the OP. I’m not sure on what basis you say that drawing is specifically permitted; unless you are a courtroom artist, I doubt that it is. Writing is not permitted, unless your involvement in the proceedings requires you to write - e.g. a court reporter, a notetaker. Knitting is probably not permitted. I know that in at least some courts chewing gum is not permitted.
Judges may vary in what they don’t want you to do, and don’t mind you doing, and they may also vary in how strictly they apply these standards. But, basically, your demeanour in court should suggest that you are there to pay attention to the proceedings actually under way.
As are many people present, no doubt. He has the choice of staying in the courtroom, where he must behave like somebody attending to the court proceedings, or waiting in the lobby, where he can read, write, draw, knit and chew gum to his heart’s content.
I don’t know about the OP’s jurisdiction but here, if you’re waiting for your hearing in traffic court, you’re not allowed to leave the room, even to use the restroom. If they call your name and you’re not there, that’s your one shot and you’re SOL. You sit there, unable to do anything but watch other people’s proceedings, which aren’t loud enough to listen to if you’re beyond the first few rows (no microphones) or stare at the wall. There aren’t even windows. It’s rather draconian, IMO.
The judge’s individual preferences have a lot to do with it. Some are more strict than others. Personally, I don’t mind people drawing, writing or knitting (although I’ve never seen anyone knitting in court). I do ask people to spit their gum out in the garbage can when they’re actually talking to me.
I have an artist friend who, when not gainfully employed (which is quite often), goes down to the courthouse, picks a case, and spends several days making drawings of the judge, lawyers, defendants, witnesses, etc. much like a courtroom artist would. I don’t know if he’s ever been confronted about it but he doesn’t have any sort of official media credentials that would give him any reason for doing so.
I suppose this is a different case than someone breaking out a sketch pad and making unrelated drawings; I don’t know what they’d do in that case, or if they’d even bother checking. Someone wanting to draw traffic court proceedings might be weird enough that they’d ask.
On further thought WRT knitting, getting the needles through security is a problem, so whether it’s allowed or not is irrelevant.
Yes, this. There were 100+ people in the room, the bailiff would call up groups of 10 to come sit up front and wait their chance to speak to the judge. Everyone else had to sit there silently, doing nothing. If you left after the proceedings started you weren’t allowed to come back in.
From the OP I take it the question is why reading isn’t allowed while awaiting your case in traffic court. I can really think of no reason other than your attention may be diverted when your name is called and you miss your chance to be heard.
As a juror in a UK court I was permitted to make my own notes on proceedings. A good thing too as otherwise I’d not have been able to keep my mind from wandering.
Note-taking by jurors while they’re actually “on duty” is also generally left up to the trial judge in U.S. courts. I permit it, with some caveats. Many old-fart judges don’t.