Altered Criminal Court Proceedings in an Unprecedented Era: What Is New, How it Is Working, & Practices We May Keep in the Post-Pandemic World

Throughout the state of Illinois, courts have made dramatic changes in response to the COVID-19 epidemic. The St. Clair County courts’ adaptations were difficult, but on the whole the response was quick, and, as I am sure many are finding out, some of the changes will benefit the courts after the Pandemic has passed. I am assigned to a busy felony courtroom in St. Clair County. In March 2020, the immediate realization was dramatically clear: that we had to severely curtail in-person appearances. The chance for innovation soon followed.

The crisis and its associated need to keep everyone safe created the opportunity for a new Twentieth Circuit Court order allowing for the waiver of preliminary hearings and arraignments by closed circuit television, consistent with the statute. The process is more secure and has also allowed the trial court judges a new opportunity to conduct an additional review of bond for pre-trial detainees, giving us enough time to truly reflect on the statutory factors necessary to set a fairer bail in each matter we hear. 

We still conduct some in-person hearings, but they are very limited. To accommodate this substantial change, our Public Building Commission and its employees, in consultation with the St. Clair County Health Department, has worked with us by installing barriers which, in addition to masks and frequent sanitation, makes the process as safe as possible. The plexiglass barriers certainly make it feel as if we are sitting in a hockey penalty box, but it is a comfort knowing that such protocol may prevent or substantially reduce the chances of spreading this awful virus. 

We have been equipped for a number of years with a closed-circuit television feed from one of the felony courtrooms and one of the misdemeanor courtrooms to the county jail. This access option was used for first appearances during weekdays. We still had a judge and a clerk appear in person at the county jail’s chapel every Saturday and additional holiday dates for first appearance arraignments and bond hearings. We have changed this decades old practice and are now conducting the weekend and holiday appearances remotely from the courthouse. This change is safer, allows the judges and clerks to have computer access and, hopefully, makes the process fairer for each defendant.

For some time before the crisis, I had hoped to improve the ability to use technology in streamlining routine court appearances. I often worried that requiring the accused to appear at numerous status conferences may harm that person’s ability to earn a living or otherwise affect the accused negatively, thus creating a needless, vexatious burden for victims who wish to attend, and that, in general, repetitive hearings helped no one in the process of achieving justice for anyone. The crisis we face has accelerated our efforts to finally have improved computer access throughout our courthouse. We can better use Zoom as well as other platforms for remote participation for routing matters which will save attorneys, their clients, victims and interested parties time and resources. 

The most dramatic change-and, unfortunately not for the better- is our inability to safely conduct jury trials. The number of trials has been declining for many years, but nevertheless, not having regularly scheduled jury trials is a major concern. The effect of postponing perhaps the most important right a person has in our legal system is profound. The looming eventuality of trial often precipitates the resolution of a case, and its absence has no doubt caused a great number of cases to remain pending.
Of utmost concern, the continued high positivity rate for COVID-19 deprives detained individuals of their right to a safe, effective and speedy jury trial. This has led to an increase in the jail population in our county. The crisis has focused our courts on searching for and creating alternatives to pre-trial detention on an accelerated basis, and this has provided the glimmer of hope for addressing this dire situation. As a result of our efforts to confront the pandemic, we now have a better ability to rely on new methods: GPS, Zoom, and other communication technology, to incorporate modern pre-trial practices.