Many Georgia municipal courts are expanding or introducing remote court proceedings in response to COVID-19.
The fifth judicial emergency order issued by Chief Justice Harold Melton and the report show why cities with municipal courts are taking this bold step.
The order and the report urge courts to “use all reasonable efforts to conduct proceedings remotely when lawful and practical to do so” for health and safety reasons. The order implores courts “to use and increase the use of technology to conduct remote judicial proceedings as a safer alternative to in-person proceedings,” unless required by law or by technical or other reasons to be in person. After learning of deaths, illness and exposure to COVID-19 in other courts, and the associated costs of isolation, quarantine and disinfection, many cities and municipal courts are willing to consider remote proceedings for financial and risk management reasons, as well as to promote health and safety.
Under the order, municipal courts may not compel attendance at in-person proceedings unless the court proceeding and court facilities adopt, publish and implement specific safety guidelines. According to task force representatives, “court facilities” include areas in city buildings that court attendees must enter to attend court, pay fines, meet with court personnel and others associated with the court, as well as areas in which offices of court personnel are located. Cities that do not require masks in city buildings or do not prohibit entry to those who have been exposed to COVID-19 or have symptoms may have difficulty ensuring compliance with the order’s safety guidelines. Remote proceedings may make more sense than physically separating court activities or requiring compliance with the order throughout the shared building in some cases.
Frustration with delays arising from in-person court requirements may make remote court more appealing. In remarks to city and county attorneys, Chief Justice Melton and Municipal Court Judge Willie Weaver, president of the Municipal Court Judges Council, acknowledged that during the pandemic, many attorneys and litigants can easily continue to delay their in-person court appearances on COVID-19 grounds. By mandating that courts use the Georgia Courts Reopening Guide as a template, the order effectively requires courts to provide notice on how to contact the court to request a continuance when a party has met the outlined COVID-19 parameters. In contrast, courts often may compel attendance at remote court proceedings in these situations and swiftly resolve the case.
For years, municipal courts have held “first appearance” hearings for arrestees remotely to comply with legal deadlines, and many cities have held remote council meetings. Loganville’s Presiding Judge Lori Duff finds remote court powered by “Zoom, YouTube, Docusign and already available laptops and webcams” to be a “safe, workable alternative with a minimal addition in technology” that maintains “everyone’s rights” while protecting staff and the public. With strong support from judicial leadership and growing familiarity with remote gatherings, the time is ripe for cities to expand remote municipal court proceedings.
This article appears in the September/October edition of Georgia’s Cities Magazine.