On March 18, the Illinois Supreme Court made a six month extension to its order allowing courts around the state to conduct pretrial hearings via videoconferencing technology. The Pretrial Fairness Act generally requires in-person hearings on decisions regarding pretrial release and restrictive conditions of release, unless an accused person chooses otherwise. However, the law gives circuit courts temporary authority to conduct these hearings virtually if necessary due to the “operational challenges” of holding hearings in person.

While holding pretrial hearings virtually may be more convenient for judges and some attorneys, this practice can have disastrous consequences for accused people. Video hearings hinder people’s ability to communicate with their attorneys and make it harder for judges to empathize and avoid bias toward people appearing before them in court through a computer screen. Under the old money bond system, courts ordered substantially higher bond amounts for defendants who appeared virtually, compared to those facing similar charges who appeared in person. These disparate outcomes prompted litigation and ultimately led Cook County to end its failed experiment with virtual bond hearings. Studies have shown that virtual hearings increase other negative outcomes, resulting in more jailing and the imposition of harsher conditions of release.

The evidence is clear that virtual pretrial hearings often prejudice the rights of accused people. In the interest of justice, Illinois’ courts must swiftly resolve any remaining “operational challenges” that create barriers to in-person hearings, and avoid further prolonging the use of unfair virtual hearings to make critical detention and release decisions.