According to the Institute for the Advancement of the American Legal System (IAALS), the COVID-19 pandemic has spurred courts across the country to start using technology to keep the justice system moving. When courthouses were forced to close their doors to protect the health and safety of the public, they were also challenged to implement the use of remote audio and video services for case hearings and case management meetings.
Digital videoconferencing in state courts isn’t a new concept. In 2016, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) endorsed the expanded use of technology to improve the American civil justice system. Alternative delivery systems via technology will bring about some positive changes in our legal system. It will provide easier access, increase flexibility, lower costs, and reduce time expenditures, especially for self-represented litigants. And just think, all it took was a global pandemic!
Shifting to managing cases via technology is still a little bumpy, but many states are embracing the opportunity. Connecticut, Delaware, and New Mexico courts have issued statewide temporary mandates requiring videoconferencing. The Supreme Court of Texas issued the first of now eight Emergency Orders, allowing remote participation in any civil or criminal proceeding by teleconferencing, videoconferencing, or other means. The Texas Office of Court Administration has set up more than 400 Texas judges with Zoom accounts and hosted a training webinar just last week with 500 participants. The Texas Judiciary website has an Electronic Hearings webpage devoted to videoconference initial set-up, training, frequently asked questions, and tips for successful hearings for judges.
The Alaska Supreme Court issued an extensive order relaxing court rules for telephone and videoconferencing to “liberally allow participation by attorneys, parties, and witnesses by telephone or videoconferencing if feasible based on the circumstances.” Oral arguments before the Supreme Court of Alaska in March and April are now argued by telephone, and the public may attend by video feed on the Gavel Alaska website.
Using technology is to deliver court services is long overdue and the sooner that every court is on board, the better. So, if your court case was significantly disrupted because of COVID-19, it may have been a blessing in disguise. Don’t hesitate to contact your lawyer and/or your courthouse to see when your case can be rescheduled via technology.