With restrictions on group gatherings and travel in force throughout the world, the courts are now expanding the way legal proceedings can be handled to prevent a shutdown of our systems. For most, the new or expanded methods of procedure are set to end 30 days after the crisis ends. But with no fixed end in sight, it could become a permanent replacement for the ways many proceedings will be handled.
One of the biggest stories of late is that the U.S. Supreme Court held a hearing that was live streamed for the public to hear. It was conducted by phone with justices listening and asking questions as attorneys made arguments from their offices or homes. Questions were asked in order of seniority by the justices and the attorneys’ major complaint was not being able to have visual feedback. Video should be added if this is to continue.
The U.S. Judicial Conference now permits Federal court hearings by video in civil and criminal proceedings in certain circumstances and with the defendant’s consent. It also allows the public and media audio access to those proceedings. However, no jury trials are yet permitted by live link.
In the UK, provisions have also passed for full video and audio proceedings in criminal cases. This would include the court, defendant, counsel, public and media. Participants may take part by live link from any place in the world. Jury trials are suspended for a short time to enable appropriate precautions to be put in place for handling by live video. It has been noted that communication needs to be both secure and stable and it remains to be seen how existing live link platforms will function under real world conditions.
But worldwide use of video in education, particularly in colleges and universities, has produced lawsuits to be filed against the schools. Students are suing for tuition rebates as they believe they are not getting quality educational instruction, especially with some professors only sending out a syllabus and no lecture or discussion. Or, that the lack of classroom discussion lowers what they are achieving in their education.
With some colleges not sure they will reopen campuses for the fall semester, or declaring all online classes, some students are turning to community colleges with lower tuition. Many new students accepted for the fall semester are delaying their confirmation to attend while they wait to see what will happen. This means schools are not sure of their student numbers for the fall.
As this pandemic continues, many temporary solutions to legal proceedings and education may become a permanent part of our new normal.