Coronavirus crisis calls for permanent court reforms

During this COVID-19 crisis, groceries are delivered, “in-theater” movie releases stream online, and we maintain communication with our staff and clients through video teleconferencing. Yet many lawyers are having to change out of their pajamas and put on a suit to go to court for bail reviews for clients who appear by video regardless. As attorneys who handle criminal, immigration and personal injury cases, we believe that it is imperative that we use this time wisely to modernize our court systems (“Maryland Chief Judge Barbera encourages release of at-risk prisoners amid coronavirus pandemic,” April 14).

This crisis has halted all non-emergency matters resulting in uncertainty, confusion and lengthy postponements of cases. Now is the time to begin the work to make our court systems more modern and efficient. For starters, we should fully implement electronic filing in all cases and jurisdictions now. Other real solutions already exist that could reopen our courts quickly and would forever change the practice of law. Companies such as Amazon Web Services already provide easy and secure solutions for virtual meeting space. Certainly, if we can have “Zoom happy hours,” and order food with contactless delivery, we can find a way to partially reopen the courts with virtual hearings and conferences with judges and opposing counsel.

Secure web conferencing platforms can host many types of court proceedings easily and efficiently. Right now, the Supreme Court of the United States is hearing arguments remotely and Maryland courts are conducting bail reviews by telephone. Imagine a civil case mediation where a conferencing platform would allow a judge to bounce between virtual waiting rooms and facilitate a negotiation with the parties who sit in private rooms. Imagine an uncontested divorce with all parties present and a court order issued electronically. Imagine virtual guilty pleas in traffic court as the judge hears why you were “legitimately” speeding to get to work on time, or why you double parked in front of a local sandwich shop because your pregnant wife really wanted that special treat. Admittedly, not every hearing can be conducted remotely, so trials in criminal and civil cases must continue.

The digital divide between many of our community members complicates remote proceedings, a problem that the education system is battling now. Still, if we reengineer the courts’ processes, we change the lives of all its participants for the better and we turn this current time of crisis into an opportunity for lasting, positive change.

Jeremy Eldridge, Kurt Nachtman and Adam Crandell, Baltimore