The pandemic has forced the judiciary to reexamine the court system and the way legal matters are handled, said Texas Supreme Court Chief Justice Nathan Hecht.
In a wide-ranging State of the Judiciary speech, Hecht said the year of pandemic-related changes has led to a new understanding of how technology can be used to improve the legal system.
“Not all court proceedings can be conducted remotely,” Hecht said. “But many can be and must continue to be. The Supreme Court has convened a working group to identify best practices for remote proceedings going forward.”
Hecht noted there are strong benefits to on-line legal matters. For instance, there is not the expense of driving to a courthouse and parking, and the public has enjoyed greater access to legal matters than ever before, he said.
“Jury trials in felonies and other serious criminal cases, as well as more complex civil cases will still be in person.” Hecht said.
Virtual hearings may also help judges uncork a legal system that has been jammed by the pandemic. While there has been a marked decrease in the number of cases filed over the last year, the coming months could see a flood of filings and demands for hearings that will take at least three years to untangle, Hecht said.
He called on the Legislature to appropriate funds to hire retired judges to help handle some of that overload and allow people to have their grievances heard.
Hecht also called for bail reform, an issue that has been gaining momentum in recent months. The Chief Justice decried a system that keeps those accused of low level crimes locked up while awaiting trial, while at the same time allowing a cash-rich defendant post bond and walk out of jail.
“It’s wrong to lock people up only because they are poor. It offends basic notions of liberty and humanity. And it’s dangerous to release defendants only because they can afford to make bail.” Hecht said.
He proposed a four-part plan to address the issue:
-Giving courts validated pre-trial risk assessment information for all defendants so that judges can make decision on bail
-Ask voters to amend the Texas Constitution to allow judges to hold high-risk, potentially violent defendants without bail.
-Provide pre-trial supervision to those released.
-Collect data to verify that the system is working as it should.
Finally Hecht called on all members of the judiciary to do some self-analysis after last summer’s protests and claims that the judicial system is weighted against minorities, what Hecht called “the disease of racial prejudice.”
“Outcries last summer charged that the justice system is not fair, and just as importantly not perceived to be fair. The charges cannot be ignored. They demand self-examination and response from all those who serve justice.” he said.
