Summary
The suspension of in-person court across the country in response to COVID-19 has prompted the legal profession to turn to technology, with many judges now conducting business remotely via video and teleconferencing to ensure ongoing access to justice. Courts at all levels, from local trial courts to the Supreme Court of the United States, have chosen to permit legal proceedings to move forward using remote technology, with new methods and techniques being developed rapidly.
Remote hearings and trial have not been seamless proceedings, and this nationwide experiment in virtual justice has the potential to cause significant harm to perceived and actual fairness, as well as to individual rights to privacy, in the course of determining best practices. As courts increasingly adopt emerging technologies in response to COVID-19 they are certain to consider long-term uses. The legal community must work to ensure fairness to all parties and the integrity of the process when technology is used in the courtroom. Key questions include whether the court’s chosen platform provides adequate security, both in terms of who has access and how data is stored; how access rights will be managed or limited in instances that call for heightened confidentiality; whether the platform offers private options for consultations between counsel and their clients during the course of a proceeding; whether and how participants can display documents or other media to other participants; and whether a session or any involved correspondence or display is recorded.
