DENVER (CN) — Colorado courts should keep their web cameras at the ready, following the chief justice’s signing of a virtual proceedings policy that allows continued use of technology to facilitate hearings while mandating trials be held in person.
The Covid-19 pandemic drove courts to adopt new technologies and allow proceedings to occur remotely for more than a year. As the world adapts to life with the virus, some courts have maintained remote infrastructure while others were quick to pull the plug. Individual judges in each of the Centennial State’s 22 judicial districts have decided on a case-by-case basis how to handle requests for remote access from both parties and the public.
Through two new directives, Colorado Supreme Court Chief Justice Brian D. Boatright aims to create blanket policies for the state’s patchwork of trial courts.
“The adoption of this policy solidifies a dramatic shift in the manner in which courts have conducted business for hundreds of years by authorizing the use of virtual proceedings which benefit the majority of those involved in court proceedings,” Boatright explained in a statement.
“I am confident this CJD provides the necessary and timely guidance to judicial officers to allow for the continuation of virtual proceedings," Boatright added, referring to the chief justice directive. "I believe it increases statewide consistency in operations, while allowing the judicial districts and trial court judicial officers to maintain discretion over decorum in their courtrooms.”
Boatright was appointed by Democratic Governor John Hickenlooper in 2011.
Supporters of the move say remote proceedings save parties time otherwise spent traveling as well as the need to take off a full day of work. Crime victims can also participate remotely without the stress of seeing the perpetrator in person.
A December 2022 analysis from the Colorado Access to Justice Commission found remote access helped individuals in rural areas of the state obtain legal representation. In a 2021 analysis, the Pew Research Center found offering individuals the ability to participate in court remotely generally led to an increase in participation.
Opponents, however, worry about privacy issues, maintaining sequestration orders and the demise of formal court decorum.
“This chief justice directive aims both to strike the proper balance between these competing interests and to create transparency for the courts’ continuing use of virtual proceedings," the directive states. "At a minimum, it is the policy of the Colorado Judicial Branch to provide increased access to the courts through the use of virtual proceedings.”
Per the directive, parties must appear in person for both jury and court trials as well as for criminal preliminary hearings and arraignment. Proceedings for temporary risk protection orders and contempt are also presumed to be held in person, among other hearing types.
Although the directive does not specify any hearings that should be held remotely, it allows flexibility for case management and status conferences to be held virtually in addition to domestic relations hearings and petitions to seal criminal records, as well as uncontested guardianship cases.
A separate order signed by the chief justice in May specifically discourages courts from livestreaming criminal trials and evidentiary hearings to the public. A law signed by Democratic Governor Jared Polis on June 7, however, mandates courts provide remote public access to criminal proceedings as long as the courts are technically capable and doing so doesn’t jeopardize the defendant’s right to a fair trial.
In a budget proposal, the Colorado Judicial Branch anticipated spending $482,160 annually on WebEx licenses to maintain remote operations to conduct 17,500 monthly meetings among 130,000 individuals statewide.
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