The COVID-19 pandemic caused a dramatic increase in the use of video conferencing for court hearings in Illinois. Initially introduced as an essential safety measure, virtual hearings have become a shortcut for processing of criminal cases, often at the expense of accused people. Video hearings have been criticized for being unfair, rushed, and confusing by people going through the court system, defense attorneys, and judges. Despite this, many court officials have advocated for the use of virtual pretrial release hearings to become a permanent norm in Illinois’ criminal courts. Our state should not allow this to happen. People’s freedom should be determined in in-person hearings, where judges are forced to recognize the humanity of accused people and feel the gravity of the decision to take away someone’s freedom. 

While convenient for judges and some attorneys, virtual hearings can have disastrous consequences for accused people. Video hearings make it harder for judges to empathize and avoid bias toward people appearing before them in court through a computer screen. Many studies have shown that technology issues and virtual appearance in court cause judges to perceive people as disengaged, unbelievable or even disrespectful. Without appearing in-person, an accused person’s credibility is hindered, their engagement is misunderstood, and their humanity is obscured, which causes judges to be biased against them in their decision-making during hearings. This ultimately results in more jailing and harsher conditions for people who are presumed innocent. Studies have found that accused people whose bond pretrial hearings took place virtually had bond amounts set 54-90% higher than their similarly charged in-person counterparts. A class action lawsuit was filed that challenged and ultimately ended the use of virtual bond hearings in Cook County, Illinois because of the negative impact they had on bond decisions. 

A fundamental part of the right to counsel is being able to communicate effectively with one’s attorney, but the format of virtual hearings makes communication between attorneys and their clients more difficult. When an accused person has to appear virtually in court, their defense attorneys are forced to choose between being physically present with their client to answer questions, or physically present in court with the judge to effectively advocate for release. This choice can mean that accused people are unable to privately consult with their attorney to obtain vital information during their hearing. 

In some instances, people have been punished for missing court or appearing disengaged when they had technology issues or couldn’t effectively access the internet or devices needed to attend court. While many people are used to using technology throughout the day, it’s important to remember that many homes don’t have access to a computer or internet. This is a significant barrier that puts people who can’t afford a computer or that live in rural areas without access to high speed internet at a severe disadvantage.   

Video hearings exacerbate the inequities and biases that already exist in our legal system. Beginning in January 2023, the Pretrial Fairness Act will require in-person hearings on decisions regarding pretrial release and restrictive conditions of release, unless an accused person chooses otherwise.   While attending court virtually may be a preferred option for some people, it should not be imposed on anyone for whom it poses a barrier to access. People must have a right to in-person hearings unless they determine they would like to waive that right.

Tell the Illinois Supreme Court about the problems with virtual hearings by filling out this survey before June 23rd!

 In questions 9-12, please raise concerns about how virtual hearings:

• Lead to less empathy and more bias from judges. 
• Makes private communication between clients and attorneys more difficult.
• Create barriers to access for those without internet or devices
• Lead to worse outcomes in criminal cases. 
• Should not be imposed on those who would rather appear in person

The state needs to know the potential disadvantages faced by thousands of Illinoisans if people can no longer appear in person for their court dates.