Some Key Impacts of COVID-19 on United States Court Systems

 

Like nearly every system and industry in the world, the United States court system had to adapt to the global COVID-19 pandemic rapidly. From court closures to implementing health and safety requirements, the pandemic required courts to adjust and adapt while maintaining access to the court system for all litigants.

In 2021, Thomson Reuters surveyed 240 court professionals to gain insights into the pandemic’s impact on court operations. Professionals such as administrators, magistrates, judges, chief justices, attorneys, and clerks at the municipal, county, and state levels responded to survey questions. The results were compiled in The Impacts of the COVID-19 Pandemic on State & Local Courts Study 2021.

The study found that the impacts of COVID-19 on the nation’s courts could be divided into several broad categories. First, stay-at-home orders inspired most courts (93 percent of respondents) to implement remote proceedings. Courts quickly organized means to utilize audio and video technology to create virtual courtrooms, facilitating hearings with participants in multiple locations.

As of 2021, 89 percent of respondents were still conducting or participating in remote proceedings. Among survey respondents, 63 percent had conducted both pre-trial and trial hearings remotely, while 30 percent had conducted only pre-trial proceedings remotely.

While virtual proceedings can be convenient and efficient, they also present unique challenges. A primary challenge in virtual court is the management of documents. Organizing and sharing evidence, for example, and communicating regarding evidence can be problematic in civil cases. In criminal cases, the inability to follow rules of evidence can present constitutional issues that could be brought up on appeal.

Problems with document sharing emerged as another impact of the pandemic. According to respondents, these risks can be mitigated as court officials gain familiarity with technology solutions. Currently, many courts use email to submit sensitive documents and evidence. This is problematic as many people require access to such records, and individuals in the court system may have differing access levels to emailed submissions.

Implementing a shared platform that litigants, prosecutors, and defense attorneys have access to could reduce this problem, according to survey respondents. In addition to easing logistical burdens, this could improve transparency and potentially decrease hearing delays. Courts and court staff should receive training sessions in virtual technology before hearings.

In addition to the rise in virtual hearings, the pandemic has substantially affected court backlogs. Even in normal times, court systems struggle to work through their caseload. The COVID-10 crisis exacerbated the crisis, as cases continued to accumulate despite court closures, lengthy arraignment times, and temporary pauses to jury trials.

Survey respondents say a court’s caseload averages 12,300 cases in a typical year. In 2019, the average backlog was 958 cases, which increased to 1,274 cases over the pandemic’s first year. A third of courts reported a backlog increase of more than five percent.

While the pandemic presented myriad challenges, it highlighted where court systems could improve. Disruptions spurred the introduction of technology that has broadened access to the court system for many litigants.

As the court systems continue to leverage technology to improve efficiency, they must consider various populations. For example, people without access to internet service or a computer cannot attend a virtual hearing. Further, technology solutions must be accessible for individuals with disabilities and limited English proficiency.