DENVER (CN) — Colorado’s Supreme Court chief justice issued a directive Wednesday requiring state courts to livestream bond hearings, but giving them discretion over remote access to criminal trials or evidentiary hearings.
The Covid-19 pandemic drove courts to adopt technologies that would allow court proceedings to occur remotely. 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.
Colorado Supreme Court Chief Justice Brian D. Boatright’s order aims to create a blanket policy for the state’s patchwork of trial courts.
Boatright was first appointed by Democratic Governor John Hickenlooper in 2011.
The directive mandates livestreaming of initial bond setting hearings, and “any other criminal proceedings” except for evidentiary hearings, trials, jury selection, bench conferences, communications between counsel and client, problem-solving dockets and juvenile proceedings.
The policy now says “there shall be no presumptive livestreaming” of trials, allowing individual judges to continue to decide whether to provide remote access on a case by case basis. Judges are instructed to weigh whether livestreaming would interfere with a defendant’s right to a fair trial, whether it might harm victims who testify, and whether court decorum could be properly maintained at a distance.
In addition, judges are directed to consider the Victim Rights Act and the Americans with Disabilities Act in deciding whether to provide remote access to trials and evidentiary hearings.
The directive prohibits recording, but maintains the ability to apply for expanded media coverage of criminal hearings.
Although Boatright acknowledged livestreaming criminal proceedings increases transparency, he worried the practice threatens the integrity of sequestration orders, which are meant to prevent witnesses from listening to the testimony of other witnesses.
"Sequestration preserves the integrity of the proceeding by reducing the risk that witnesses will tailor their testimony to mirror one another. The live streaming of trials and contested evidentiary hearings can potentially jeopardize the effectiveness of such sequestration, as courts cannot monitor who is observing the transmission,” the decree explained.
Victims may still attend proceedings remotely by video or phone under the directive.
The Colorado Legislature is currently considering a bill that would make remote access to criminal proceedings the default for all courts with the technical capability. The measure received unanimous support from the House Judiciary Committee last week over concerns voiced by the State Public Defender and Rocky Mountain Victims Law.
Boatright's office received more than 100 public comments on the draft rules published last month. The directive will take effect May 15. A separate directive will be issued regarding remote access to civil proceedings.
In its 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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