Remote Court Appearances

COVID-19 has changed the ways the justice system works

By Judge Gerald A. Williams North Valley Justice of the Peace To Meeting? Probably not. Some jurisdic

Most courts around the nation are tions have done jury trials where everyone performing courtroom functions has appeared by court over a remote video through teleconferences, e-amil platform. But there are a few problems with and regular mail. Th at includes us. doing so, one of which is that a court cannot Until it is safe for everyone, operations discriminate against potential jury members will not return to how they were before COor litigants who may have limited technologiVID-19 hit Arizona. If you need to interact cal capabilities. with any federal, state, county, justice, muAt the North Valley Justice Court, with nicipal or tribal court, the best thing you very few exceptions, all court appearances can do is either to call or to e-mail them for are telephonic. Th is works, but it does not an update on their current procedures and always work well. Some proceedings are relarequirements. YOU tively simple to do over the phone. Th ese Do not drive all the way to a courthouse TO BE include a garnishment hearing, a default assuming that you can enter the buildhearing or a civil pre-trial conference. In ing. You might be turned away. You will fact, we were doing those by phone prior to be turned away if you are sick and if you have symptoms consistent with having COVID-19. Expect to be required to wear a mask. Can people appear by either Zoom or Go COVID-19. Trials and residential eviction cases are more diffi cult to do over the phone. Everything that can go wrong with a conference call has happened. Th ese include relatively minor You Deserve to be Comfortable Deserve to be Comfortable problems (barking dogs and crying children) and more signifi cant problems, such as people who are not even parties to a case interrupting to share their thoughts on what is pending. As I judge, I fi nd myself frequently saying, “I don’t know who is speaking, but it is not your turn to talk.” YOU TO BE You Deserve to be Comfortable Deserve to be Comfortable While, from my perspective, doing everyYou You thing by phone can be a hassle, there are also tremendous advantages. First and foremost, it helps keep people safe. Litigants and attorneys Deserve to be Comfortable Deserve to be Comfortable

do not have to travel and interact with either court staff or with each other.

Perhaps just as important, telephonic appearances have increased access to our judicial system. Many people cannot aff ord to take signifi cant time off work for courthouse appearances. For North Valley cases, our courthouse is not located in our judicial precinct. Travel to it is complicated by both distance and lack of any public transportation to it.

Residential eviction cases have had a dramatic increase in participation by tenants since tenants have been allowed to appear by phone for landlord and tenant disputes. My guess is that there will be pressure for either that or for a similar process to continue indefinitely. Increasing access to justice and to due process remains an ongoing journey.

Judge Gerald A. Williams is the Justice of the Peace for the North Valley Justice Court. The court’s jurisdiction includes Anthem and Desert Hills.

What about jury trials? Consistent with the goal of limiting crowds, at least part of jury selection can be completed without potential jury members needing to travel to a courthouse. In justice courts, if we are picking jurors, they are being selected for a single specifi c trial only. If they are not selected, it is highly unlikely there is another trial down the hall that could use them. People called for jury duty will likely be asked to complete and to return a detailed questionnaire. Doing so may keep people from having to explain their unique situation on the day of the trial. For example, if you are a respiratory therapist, you are likely mission essential in the fi ght against COVID-19. You should not have to drive to a courthouse to be excused. Based on the information in the questionnaire, additional questions may be likely. Normally this process, called voir dire, is completed in person. My preference will be to do it remotely, probably by phone. Another change will be that, usually, a jury leaves the courtroom to deliberate in a conference room. To maintain social distancing, the lawyers and the judge may leave the courtroom and the jury determines the verdict without leaving the room. $ 25 OFF on ANY REPAIR Not valid with other offers or promotions, one coupon per person. ROBIN & JOHN MCCOMBS VETERAN OWNED & OPERATED 602-789-3000 info@azperfectcomfort.com www.azperfectcomfort.com ROC#300933 • BONDED & INSURED Feel the Comfort You’ve Been Missing! HEATING • COOLING • INDOOR AIR QUALITY You Deserve to be Comfortable $ 25 OFF on ANY REPAIR Not valid with other offers or promotions, one coupon per person. ROBIN & JOHN MCCOMBS VETERAN OWNED & OPERATED 602-789-3000 info@azperfectcomfort.com www.azperfectcomfort.com ROC#300933 • BONDED & INSURED Feel the Comfort You’ve Been Missing! HEATING • COOLING • INDOOR AIR QUALITY 25 OFF on ANY REPAIR ROBIN & JOHN MCCOMBS VETERAN OWNED & OPERATED 602-789-3000 info@azperfectcomfort.com www.azperfectcomfort.com ROC#300933 • BONDED & INSURED Feel the fort You’ve Been Missing! HEATING • COOLING • INDOOR AIR QUALITY $ 25 OFF on ANY REPAIR Not valid with other offers or promotions, one coupon per person. ROBIN & JOHN MCCOMBS VETERAN OWNED & OPERATED 602-789-3000 info@azperfectcomfort.com www.azperfectcomfort.com ROC#300933 • BONDED & INSURED Feel the Comfort You’ve Been Missing! HEATING • COOLING • INDOOR AIR QUALITY 25 OFF on ANY REPAIR Not valid with other offers or promotions, one coupon per person. ROBIN & JOHN MCCOMBS VETERAN OWNED & OPERATED 602-789-3000 info@azperfectcomfort.com www.azperfectcomfort.com ROC#300933 • BONDED & INSURED HEATING • COOLING • INDOOR AIR QUALITY $ 25 OFF on ANY REPAIR Not valid with other offers or promotions, one coupon per person. ROBIN & JOHN MCCOMBS VETERAN OWNED & OPERATED 602-789-3000 info@azperfectcomfort.com www.azperfectcomfort.com ROC#300933 • BONDED & INSURED Feel the Comfort You’ve Been Missing! HEATING • COOLING • INDOOR AIR QUALITY $ 25 OFF on ANY REPAIR Not valid with other offers or promotions, one coupon per person. ROBIN & JOHN MCCOMBS VETERAN OWNED & OPERATED 602-789-3000 info@azperfectcomfort.com www.azperfectcomfort.com ROC#300933 • BONDED & INSURED Feel the Comfort You’ve Been Missing! HEATING • COOLING • INDOOR AIR QUALITY