The American Bar Association House of Delegates has passed a resolution regarding the use of remote proceedings. The resolution attempts to balance the courts’ need to move forward with their dockets, parties’ entitlement to due process, and the public right to access. Some key points:
FURTHER RESOLVED, That the American Bar Association urges that any authorization of mandatory use of virtual and remote court proceedings during the COVID-19 pandemic continue for as short a time as possible and in no event longer than the duration of the declaration of emergency issued in the jurisdiction;
FURTHER RESOLVED, That the American Bar Association urges that use of virtual or remote court proceedings be permitted when litigants have consented to the use of such procedures, including being offered a delay until a safe, in-person proceeding can be held;
FURTHER RESOLVED, That the American Bar Association urges that all virtual or remote court proceedings be tailored to the needs of participants and take into account the type of case and proceeding to be conducted, the participants involved, and whether participants are likely to be represented by counsel…
FURTHER RESOLVED, That the American Bar Association urges that advance notice be provided to the public of all virtual or remote proceedings and that full and meaningful public access to such proceedings be guaranteed, while also protecting the privacy of those proceedings legally exempted from public access…
The entire resolution can be found here.
Professor Avi Bell points out the embarrassing treatment of Israel at the International Criminal Court, where due process, transparency, and moral legitimacy are nowhere to be found. Bell argues that Israel’s only reasonable response is to stop treating the ICC like a legitimate legal or juridical organization. Previously, Israel had determined to cooperate with the ICC in order to assure that its side of the story was told. But given the ICC’s absurd and open hostility to Israel, I am inclined to agree with Professor Bell’s assessment.
The Wall Street Journal has a terrific piece on the day-to-day workings of New York City’s Office of Administrative Trials and Hearings, a court that deals with nearly 1 million cases a year but remains virtually unknown. The court is charged mostly with adjudicating minor criminal offenses and regulatory violations, like errant recyclables and excessive noise. But the job is important: many people who do not address a summons promptly can later find themselves in civil court with much larger fines.
The court has taken an aggressively friendly approach to encourage the accused to show up and contest their case, advertising its existence at swimming pools and community events, and even offering tote bags. And it’s worth it to show up — almost 50% of those who do win their cases.
“We have one goal,” said Deputy Commissioner John Castelli. “To ensure people get due process.”
I absolutely love this. A taste of due process at this level ensures justice and vastly increases public appreciation for the courts and the legal system.
(Access to the story may require subscription.)