Remote court services should be expanded, workgroup finds

Remote court services are popular and should remain in place once the COVID-19 pandemic is over, according to a report made public Monday by the Judicial Council.

The findings come from a pandemic work group convened by Chief Justice Tani G. Cantil-Sakauye.

"The work group recommends that California expand and maximize remote access on a permanent basis for most court proceedings and should not roll back the increased access to the courts made possible by remote technology to prepandemic levels of in-person operations," she wrote Monday in a letter to Gov. Gavin Newsom and legislative leaders. "It further recommends that the Judicial Council encourage and support courts in substantially expanding remote access, while adopting policies that ensure consistency and fairness statewide with the flexibility to meet local needs."

"Interim Report: Remote Access to Courts" is based on communications with 76 individuals representing 46 entities, including court staff and attorneys from a variety of specialties, the Judicial Council said. It found that in-person court visits dropped from 40 million annually before the pandemic to 12 million annually. The work group also found that "when provided the option for remote access to court services, 75 percent of self-help visitors chose to obtain services remotely."

The report reflects a silver lining many have pointed out during the pandemic. Even as the courts became further backlogged and dealt with budget cuts, necessity drove the court system to make long-overdue changes.

The self-represented and people who have difficulty getting time off work or traveling have been among the main beneficiaries. The report also noted the benefits to some large, rural counties. For instance, juvenile criminals and their families can now avoid "a 176-mile drive over a mountain pass to get to court," the council report said.

Other benefits the report identified included greater availability of witnesses, decreased conflict among family law litigants, and an increased feeling of safety for victims of crime and abuse. The report also said remote proceedings and services have helped courts clear COVID-related backlogs.

"In juvenile cases, which have transitioned almost entirely to video remote proceedings, clearance rates have exceeded 100 percent as courts have been able to address both current and backlogged cases," the report said.

Many court watchers have predicted COVID would speed up by several years existing trends in court access. The report would also appear to provide support for those who want to maintain and increase funding for remote services, which received boosts in the 2020-21 and 2021-22 budgets.

The report begins by quoting Newsom's 2014 book, "Citizenville: How to Take the Town Square Digital and Reinvent Government."

It said, "Overcoming bureaucracy, updating the museum pieces of governance, revealing the real people who make up our government, restoring trust: technology can help us do all of these crucial things, if we allow ourselves to embrace it."

It also identified several concerns, some of which could line up with the Judicial Council's budget request next year. One major issue is that these services may have less impact on the 17% of Californians who lack access to broadband. This includes most tribal lands in the state.

Court reporters have complained "video conferencing can make the court record less accurate" due to dropped connections, people accidentally muting themselves and other technical glitches. Some people have also said remote court proceedings can be chaotic and confusing, and said judges may be less sympathetic to defendants and other litigants who are not physically present.