FEATURES

TheFoothillsFocus.com | @TheFoothills.Focus /TheFoothillsFocus For more features visit thefoothillsfocus.com

Remote appearances for evictions become permanent

BY JUDGE GERALD A. WILLIAMS North Valley Justice of the Peace

Even though our front doors have largely remained closed, courts have remained open. Many, if not most, appearances are being done either over the phone or by a video link. In Maricopa County, residential eviction actions have largely been conducted in a conference call format.

Gov. Doug Ducey recently signed Senate Bill 1322 into law. It creates a new statute, A.R.S. § 22-206, that authorizes landlords, tenants, attorneys and witnesses to appear at the first court date for a residential eviction action “by using a telephone or video conference connection.”

To participate remotely rather than in person, advance written notice to the court is required. The new law does not define either the format or deadline for that notice, but there will likely be a court rule to clarify those issues. My best guess is that sending an e-mail to the court will fulfill the notice requirement. If the case is set for a trial, the judge has the option of requiring everyone to appear in person.

Courts in Maricopa County are moving toward an online platform called Court Connect. It is somewhat similar to Microsoft Teams. It allows all participants to see each other and to share documents and exhibits.

There are obviously advantages and disadvantages to appearing remotely. Nothing is as good as having everyone in the same room. However, remote appearances increase access to justice because they can solve transportation problems and allow people to take less time off work.

Prior to COVID-19, I conducted garnishment hearings, default hearings and civil pretrial conferences by telephone because our courthouse is often nowhere near the people who need to access it. (Yes, the courthouse for Anthem and for Desert Hills is actually in Surprise.)

While I look forward to seeing people in the courtroom again on a regular basis, all judges will soon have the additional option of conducting cases remotely. Maybe participating in the equivalent of a Zoom call for your traffic ticket is not how you envisioned your day in court; but it is nice to have that option.

Judge Gerald A. Williams is the justice of the peace for the North Valley Justice Court. The court’s jurisdiction includes parts of Anthem, Desert Hills, Glendale and Phoenix.

To enroll scan the QR code

Group Learning • Consistently A-Rated School Competitive Sports Program • Full Inclusion Classrooms Small Class Size • Kindergarten - High School

Knowing and Growing

CORE KNOWLEDGE SCHOOL OF DISTINCTION

HULAFROG’S MOST LOVED CHARTER SCHOOL

“A” RATED BY THE DEPT OF ED 8 YEARS RUNNING