Panel backs substitute to set courthouse portable-device policies to improve access to evidence

A House Civil Courts subcommittee reported a substitute for HB 872 that would require chief judges of district and circuit courts to adopt and post policies governing possession and use of portable electronic devices by courthouse visitors.

Sponsor Delegate Cousins said the change codifies a 2018 Virginia Supreme Court model policy and aims to reduce unequal access to justice when members of the public — especially unrepresented litigants — cannot bring phones or tablets that contain evidence. "For those needing to present evidence or information to the court, that evidence is rendered useless if on their device," Cousins said.

Witnesses including Luisa Zare of the Legal Aid Justice Center and Valerie Liru of the Virginia Poverty Law Center described wide variation in courthouse practices and argued that accessible policies and storage options reduce unfair disadvantages for low-income litigants who rely on phones for photos, texts and other evidence. The substitute adds a "to the extent practicable" requirement on providing storage to address concerns about unfunded mandates for some courthouses.

Members asked about consistency across roughly 130 courts and whether the Supreme Court should be more centrally involved; sponsor and counsel said the substitute preserves local judge discretion while requiring clear communication and a mechanism to allow device use during proceedings when necessary. The subcommittee reported the substitute, 8–1, and placed it on the contested docket for further consideration.