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1 Keith Douglas & Alicia Bannon, Principles for Continued Use of Remote Court Proceedings 1 (2020)

handle is hein.brennan/bcjpcur0001 and id is 1 raw text is: BRENNAN CENTER Principles for Continued Use of Remote Court Proceedings By Douglas Keith and Alicia Bannon September 10', 2020 Since the beginning of the coronavirus pandemic, courts have turned to remote proceedings to continue essential operations, using video platforms to hear cases while adhering to public health guidance. As the pandemic has continued, many courts have expanded the use of these technologies to more types of cases, even holding remote jury trials. In some jurisdictions, courts are considering expanding the use of remote technologies in the long term. But existing research about remote court proceedings gives reason for caution. A Bre r t ree of the existing scholarship around the use of remote video proceedings found that, at least in some circumstances, remote proceedings can undermine the attorney-client relationship, alter the perceived credibility of witnesses, lead participants to disengage with the judicial process, and ultimately result in changed outcomes in cases. At the same time, remote proceedings implemented well may have substantial benefits, including expanding access to legal services. Based on this research - and drawing on conversations with legal services providers, judges, scholars, and advocates for expanding access to justice - the Brennan Center has identified the following principles to help inform future policymaking about the use of remote court proceedings: 1. Engage a diverse array of justice system stakeholders In developing policies for remote proceedings, courts have to balance public health guidance with the need to continue serving their communities, and efficiency with the obligation to ensure fairness. Courts are ill-equipped to balance these considerations on their own. To do so, it is critical that courts engage and listen to stakeholders both inside and outside the judicial system. Among others, courts should involve members of the communities most likely to suffer if remote proceedings go poorly, including communities of color, immigrant communities, and communities of people with disabilities. Courts should incorporate the insights of community advocates, public defenders and prosecutors, civil legal service providers, tenant representatives, survivors of domestic violence, public health experts, disability rights advocates, court employees, and more. 2. Tailor plans to the type of proceeding There is no one-size-fits-all approach to remote proceedings. Courts hear a broad range of cases, both civil and criminal, for which remote proceedings are likely to pose very different Brennan Center for Justice at New York University School of Law 120 Broadway, Suite 1750 NewYork, NY 10271

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