Are Court Hearings on Video a New Trend?

Today, we are witnessing the increasing use of remote video technology in courts. When the Covid-19 pandemic disrupted court operations across the country, remote hearings supported by court proceedings transcription provided the solution by allowing courts to maintain operations while keeping participants safe. Even after the courts reopened after the health crisis, they continued to experiment with ways to expand the use of remote technology.

While some experts highlight how judges, lawyers, defendants, witnesses, and jurors stand to benefit from the use of remote technology for court hearings, others recommend exercising caution before expanding its adoption.

Let’s take a look at the advantages and downsides of this trend.

Positive Impacts of Using Video for Court Hearings

Using video technology in courtrooms offers several benefits:

Enhances Accessibility

One of the key advantages is enhanced accessibility. Remote hearings allow participants in different locations to attend the legal proceedings. In addition to geographical constraints, physical disabilities or other challenges may make it difficult for people to attend court in person. Conducting cases via video feed is also an ideal option in bad weather like snow storms which make driving impossible.

Time and Cost Savings

Remote hearings can reduce costs associated with travel, accommodation, and courtroom logistics for all parties. With video conferencing, formal court sessions can be conducted as if all the parties involved are in one location. For example, when the Fifth District appellate court in Ohio conducted oral arguments by video, one of the main benefits is that is reduced travel for judges and attorneys. With the video conferencing facility, the legal professionals did not have to drive down to converge at the same place. Moreover, the attorneys in the various cases, who were also spread across the three Fifth District sites, also did not have to be at the same physical location.

Provides More Time to Study Cases

Another important benefit is that video conferencing can prove a great tool when a case has a tough time line and needs to be heard expeditiously. Less travel gives judges more time to research cases, review briefs and write opinions, according to one expert.

Reduces Delays

Virtual courtrooms can improve efficiency by streamlining scheduling and reducing delays. As they eliminate travel time, they allow setting up more flexible hearing schedules.

New Study: Unrepresented Litigants prefer Remote Court Hearings

Indiana University recently published a report on a study by Victor D. Quintanilla, professor of law and Val Nolan Faculty Fellow in the Indiana University Maurer School of Law, that assessed citizens’ experiences with remote court hearings. The goal was to provide judges and other stakeholders with the information they need to make decisions about the future of online civil courts.

Here’s what the study found:

• The study studied the impact of remote technologies in civil cases like evictions, debt collection, small claims and family law in which 90% of defendants are unrepresented. Unrepresented defendants reported greater stress within in-person proceedings than remote proceedings. They reported that they preferred virtual courtrooms to attending court in person.
• Online hearings reduced the disparities in procedural justice between unrepresented plaintiffs and defendants.
• After remote proceedings, unrepresented litigants experience greater satisfaction with their case outcomes.
• Agreements and settlements were more common in online civil courts..
• Litigants who attended court in person faced challenges related to employment, child care and transportation.

The study found that than 10% of people experienced technical issues during online hearings. It noted that online court proceedings offer greater convenience and lower levels of stress and social isolation for unrepresented defendants. Courts also used Zoom breakout rooms to make legal aid and pro bono attorneys available to unrepresented persons for brief advice during their remote hearings.

Challenges of Remote Court Hearings

Remote hearings are not without limitations. Technical glitches can cause the audio or video to fail between locations as a case was being heard. Internet connectivity can also pose problems.

Another issue is more subjective – video feeds miss out on verbal cues and body language which are crucial points when judges and attorneys communicate. Many rely on facial expressions to try and understand what the other person is saying. In this matter, oral communications are superior to such technology.

Increasing use of remote video technology poses challenges for fair judicial proceedings. Unlike traditional courtrooms, where judges can observe the behavior and body language of the participants, these aspects may be less visible or distorted in online sessions. This can impact decision-making.

Distractions in the environment could affect the focus of the participants, making them incapable of engaging effectively in the legal process.

Security is another concern. Selecting a technology platform that enables privacy is essential for attorneys and clients to have confidential conversations.

Implementing robust protocols, training, and technological infrastructure can help address these challenges and ensure that video technology increase efficiency in court proceedings. Regardless of whether court hearings are conducted in the traditional manner or via video feeds, legal professionals can rely on a professional legal transcription company for accurate and timely verbatim records of the proceedings.