The Jury Is Still Out On Zoom Trials

As cities across the United States continue shelter-in-place orders due to the COVID-19 pandemic, some in-person court proceedings are now taking place over Zoom. “It’s an unprecedented moment for the justice system, which is typically slow to adapt to new technology,” writes Zoe Schiffer from The Verge. “No one is sure if that’s a good thing.” From the report: Critics worry the change has made it more difficult for the public to access court proceedings. Court watchers — volunteers who monitor hearings to hold judges and prosecutors accountable — say their access has evaporated during the pandemic. There’s also concern that remote hearings can unfairly advantage fancy law firms that can pay for good lighting and stable internet connections. Zoom has also had major security flaws, including default settings that didn’t include meeting passwords (a problem the company has now fixed) and a misleading definition of end-to-end encryption. (The company claimed meetings were end-to-end encrypted; they are not.) But supporters say going online is critical for protecting public health. For those in detention, postponing a hearing means potentially spending more time in jail, while appearing in person could put the individual and those around them at risk. [Judge Vince Chhabria said] that while conducting remote trials makes sense during the pandemic, he’s wary of extending this beyond the crisis. “So much of trying a case from the lawyers’ perspective is having a feel for the courtroom and for the people in the courtroom and what is interesting to them,” he says. “So much of presiding over a trial, as a judge, has to do with feel. I think it would be unfortunate if the new normal became too reliant on remote proceedings.” His concern is echoed by Alan Rupe, [employment lawyer at Lewis Brisbois]. “A lot of what I do involves witness credibility,” he says. “When you’re assessing someone’s credibility you have to be in the same room as them.”