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Committee approves substitute to standardize courthouse device policies and protect confidential attorney‑client communications

February 02, 2026 | 2026 Legislature VA, Virginia


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Committee approves substitute to standardize courthouse device policies and protect confidential attorney‑client communications
Senate Judiciary Committee — Richmond — Senators approved a substituted bill that would allow chief judges to establish clear courthouse policies on portable electronic devices, require security screening and limited designated areas for device use, and set minimum standards for confidential communications between attorneys and detained clients.

Supporters argued the policy would reduce arbitrary local variation and help self‑represented litigants who often carry evidence or documents on phones that are currently barred from many courthouses. David Tissell, a pro bono attorney, told the committee his housing clients frequently cannot bring photos or messages stored on phones into court and are thus disadvantaged.

The substitute also includes provisions affecting sheriff and jail policies and an enactment clause asking for a report on jail communications capabilities by November 1, 2026. The Office of the Executive Secretary said the substitute mirrors a model Supreme Court policy developed in 2018 but adds items that local sheriffs and jail administrators also control. The committee adopted a line amendment clarifying coverage for people "held in custody" and reported the substitute and referred it to finance (roll recorded in transcript: Ayes 9, Noes 6).

Why it matters: Advocates said a uniform approach will reduce confusion for courthouse visitors and prevent the loss of evidence for self‑represented litigants; judges retain discretion to tailor local policies within the statute's parameters.

What’s next: Substitute reported and referred to finance for fiscal and operational review and to coordinate with the Supreme Court model policy.

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