The novel coronavirus is affecting societies worldwide, and judicial systems are no exception. Here is a selection of the latest news and profile stories on how courts are dealing with the epidemic:
What is the state of Israel’s courts in the time of coronavirus? (Jerusalem Post)
Uncertainty looms over Supreme Court as lower courts transition to teleconferencing (Washington Free Beacon)
Federal Judge’s Sentencing acknowledges COVID-19 (Forbes) (a story about the sentencing of certain defendants in the “Varsity Blues” college admissions scandal)
COVID-19 and Online Dispute Resolution: It’s a Whole New World Out There (op-ed for the Connecticut Law Tribune)
7th Circuit suspends most paper copies to slow spread of COVID-19 (Chicago Daily Law Bulletin)
Previous roundup coverage here. And check the home page for additional discussion of coronavirus and the courts.
With coronavirus spreading worldwide, courts are increasingly closing their physical spaces and relying on video technology to keep the wheels of justice moving. The UK Supreme Court has equipped itself with high-definition cameras for livestreaming. In the US, both state and federal courts are effectively closing their courthouses and moving to videoconferencing for at least certain types of hearings.
Time will tell whether this shift portends a larger move to court-centered online dispute resolution, or whether courts will revert to their traditional courtroom operations once the health crisis is over. My sense is that it will be some of both. Courts are highly unlikely to jettison the social grandeur of the courthouse entirely, and of course no video can replace the physical intimacy of a jury trial or an evidentiary hearing. At the same time, courts would be wise to use this moment as an opportunity to craft a form of public online dispute resolution for appropriate types of cases — a form of resolution that is as (or more) effective, cheaper, and more trustworthy than private ODR.
There will be much more to say in this story as it develops. Stay healthy and sane, everyone.
The Administrative Office of the U.S. Courts has issued an RFI seeking information on cloud-based services to support the federal judiciary’s current and future IT needs. While the judiciary is not yet seeking proposals or looking to hire a provider, it is very interested in learning about the implementation of cloud broker contracts within other areas of the federal government.
Another under-the-radar example of how the courts operate like major organizations quite apart from their public personae as robed oracles of the law.
One of the main concerns expressed by lawyers and judges about courtroom cameras is that they will lead to grandstanding and obnoxious courtroom behavior. But the experience in Minnesota state courts suggests that these concerns are overblown. Using a bit of a loophole in the law — sentencing proceedings do not require assent from the parties — more media are gaining camera access to high-profile sentencings. The results have been mostly positive.
There are ample reasons to want to protect the privacy of victims, jurors, and witnesses during trial. But there are also ample reasons to make the open forum of the courtroom truly open to everyone. Video access of court proceedings is assuredly compatible with safety, due process, and substantial justice.
Following the recommendation of its Access to Justice Commission, the Massachusetts Trial Court Department is taking immediate steps to lift the ban on cell phones on state courthouses.
The Commission’s report
cited hardships such as the inability of self-represented litigants to present photos or text messages as evidence to a judge, to consult their calendars, to reach child care providers, or to transact other “essential” business.
The recommendations of the working group include a full review of all courthouse bans to determine whether they are justified, and a pilot program to test the use of magnetically locked security pouches.
“Instead of using a strategy that relies on prohibiting the possession of cell phones as a condition of entry, each courthouse should employ a strategy, tailored to its security needs, that relies on regulating and controlling the use of cell phones within the building,” the authors of the report wrote.
This seems like a sensible step in the right direction. The made sense to ban phones in an earlier era, where the potential distraction might outweigh their value. But the near necessity of cell phones today–for child care and emergency communications, as memory and scheduling devices, and as carriers of critical personal information–merits a different response.
File this one under: Things courts do because they are big organizations.
Earlier this month, the Procurement Office of the United States Courts issued a Request for Information for a cloud-based learning management system that could accommodate up to 20,000 users. The purpose is to update the court system’s existing learning management system, and make it easier for federal court employees across the country to engage in web-based training.
This got a lot of attention among the private organizations that provide IT services to the government, but virtually no attention anywhere else. But it is a reminder that the primary theme of this blog — that court system are massive organizations whose day-to-day behavior mirrors that of other massive organizations — is in evidence behind the scenes on a regular basis.