1

United States v. Shnewer:

Decorum Order

Hon. Robert B. Kugler

District of New Jersey

July 13, 2007

The following order was prepared by the District of New Jersey’s United States

District Judge Robert B. Kugler for United States v. Shnewer, No. 1:07-cr-459

(D.N.J. June 5, 2007). Order

To ensure the proceedings in this matter are conducted in an orderly manner and

that both parties obtain a fair adjudication, it is hereby ORDERED that,

1) Trial of this matter will begin promptly at 9:30 a.m., Monday through

Thursday. A one-hour lunch recess will generally be from 12:30 p.m.

until 1:30 p.m.

2) The Court will provide mid-morning and mid-afternoon breaks.

3) No cameras of any kind, including camera cell phones, video cameras

(including video cell phones and video cameras connected to laptop

computers), and audio recording devices are permitted in the trial courtroom or overflow courtrooms except as provided in this Order.

4) Courtroom

A. There are approximately seventy (70) seats available for the general public in courtroom 4D. One-half of those seats will be reserved for credentialed members of the media, and the other half

will be reserved for the general public, all on a first come, first

served basis. When there are no more seats available in courtroom

4D, other spectators will be directed to the overflow courtroom or

media center as appropriate.

B. Defense counsel and their clients shall sit along the wall opposite

the jury box facing the jury.

C. Government Counsel and Agents shall occupy the tables closest to 

the jury box.

D. Sketch artists may sit in the first row of seats.

E. Seats directly behind counsel tables are reserved for staff assisting

assigned counsel.

5) Only attorneys assigned to this case and credentialed members of the

media may have cell phones, PDAs, Blackberries, laptops, or other digital or electronic devices in the courtroom or overflow courtrooms. No

other individuals are permitted to possess cameras, cellular phones, camera or video telephones, tape recording devices, laptops, or other 

electronic devices. This rule is in full compliance with The Standing
United States v. Shnewer: Decorum Order

2

Order of the District of New Jersey that ensures compliance with the

Model Circuit Electronic Device Policy. The Standing Order is available at http://www.njd.uscourts.gov/rules/StandOrd/StandOrd05-03- ElecDev.pdf. 6) Photographic, audio, or video recording or transmission of court proceedings is strictly prohibited. Any violation of this prohibition may result in the imposition of contempt sanctions against the violator individually, and, if attending in the capacity of an employee or agent, against the employer or principal.

7) The Court will not permit any depictions or identification of individual

jurors in any manner including, but not limited to, artist renditions or

written descriptions.

8) Doors to the courtroom will open at 9:00 a.m. 9) All attendees must be seated by 9:15 a.m. 10) Attendees, both the general public and the press, must remain seated

until the Court recesses.

11) No one except working court staff, assigned counsel, and those assisting assigned counsel will be permitted to enter the courtroom once proceedings, including voir dire and the trial, begin. This applies to everyone, including parties, members of the press, and the general public.

12) Attendees may not converse or make gestures that are disruptive to the

proceedings or distract jurors or witnesses.

13) Defendants are not permitted, while in the courtroom, to communicate

or attempt to communicate with anyone but assigned defense counsel, staff assisting defense counsel, and their codefendants. This prohibition

includes verbal communication and gestures. Violation of this Order

may result in Defendants’ being barred from the courtroom.

14) No one, except for the Court and Defendants’ counsel, may attempt to

communicate with Defendants. Anyone other than the Court or Defendants’ counsel who attempts to communicate with Defendants in any

way will be ejected from the courtroom and permanently barred from

the proceedings.

15) The United States Marshal and his Deputies shall be responsible for

maintaining order and decorum in the courthouse. All orders given by

the Marshal or his deputies shall be deemed orders of this Court and

must be complied with immediately. Failure by any person to do so

will be subject to sanctions by the Court.

16) The courtroom will have wireless internet access. The password will be

supplied to counsel assigned to the case and credentialed members of

the media.

17) Overflow Courtroom for Public and Media

A. The Court will provide an overflow room for the general public on 

the fifth floor of the courthouse. A live audio and video feed from

the trial will be provided. The video will include whatever is
United States v. Shnewer: Decorum Order

3

shown on the screen in the trial courtroom. A Court Security Officer shall be present at all times when the Court is in session to

ensure compliance with this Court’s orders.

B. The Court will provide an overflow room for the media on the

third floor of the building that houses the United States Post Office. The media overflow room will be furnished with some tables

to accommodate laptops. A live audio and video feed from the trial 

will be provided. The video will include whatever is shown on the

screen in the trial courtroom. A Court Security Officer shall be

present at all times when the Court is in session to ensure compliance with this Court’s orders.

C. Cameras for the video feed will be fixed on the witnesses, counsel, 

and the Court, and will not focus on the jury.

D. No cameras or tape recording devices may be used in either of the

overflow courtrooms.

E. Laptop computers will be permitted for note-taking purposes or

live written reporting of the proceedings. The overflow rooms will

have wireless internet access.

F. Photographic, video, and audio recording or transmission of court

proceedings is strictly prohibited in the overflow courtrooms.

G. There shall be no broadcasting from the courtroom or overflow

rooms. Any violation of this prohibition may result in the banning

of all laptops from this courtroom or the closing of the overflow

room altogether. In addition, the Court will enter contempt sanctions against any violator, and if attending in the capacity of an

employee or agent, the Court will enter sanctions against the employer or principal.

H. The Court will permit only credentialed members of the media to

enter the media overflow room.

I. Seating in the overflow rooms is on a first come, first served basis.

18) Juror Logistics

A. The identities of the jurors shall not be revealed to the public or

media. Any references to the jurors in public, including within the

courtroom, shall be by juror number only.

B. Voir dire will be conducted in Courtroom 4D and will be remotely 

broadcast to the overflow courtrooms for both the media and general public. All rules enumerated herein, including seating arrangements, apply to the trial as well as to voir dire.

C. Any attempt to contact the jurors or to interact with the jurors in

any way or to obtain any personal information about the jurors is

strictly prohibited. In the event of contact with any juror, the Court 

will inquire into how the juror information became available. Any

one violating this Order will be subject to criminal contempt proceedings. See 18 U.S.C. §§ 401, 402.
United States v. Shnewer: Decorum Order

4

D. Conversations, interviews, and written communications with prospective jurors before the completion of voir dire and with selected

jurors, including alternates, before the Court discharges the jury at

the conclusion of trial, are prohibited.

E. During jury deliberations, jurors will be completely sequestered.

F. After the jury renders a verdict and the Court discharges the jury, jurors may consent to talk with anyone they want concerning the

case. However, jurors are not obligated to discuss this case with

anyone at the trial’s conclusion, and once a juror indicates his or

her desire not to discuss the trial there can be no further attempts

to contact that juror.

19) At no time may any attorney or party affiliated with this case hold a

press conference in the courthouse. Likewise, no attorney or party otherwise affiliated with this case may hold a press conference on the front 

or rear steps of the courthouse or at any point of ingress or egress from

the courthouse.

20) The Court will provide a website containing information relating to the

trial at http://www.njd.uscourts.gov/FortDixTrial/index.html. All evidence will be available on the website as it is introduced into the Court. 

The Court has a dedicated e-mail address, fortdixtrial@gmail.com, for

inquiries.

Dated: 7/13/2007 s/ Robert B. Kugler

ROBERT B. KUGLER

United States District Judge