Virtual Technology in Colorado State Courts
| Jurisdiction | Colorado,United States |
| Pages | 18 |
| Citation | Vol. 52 No. 5 Pg. 18 |
| Publication year | 2023 |
THE CHIEF'S CORNER
BRIAN D. BOATRIGHT
Chief Justice
Colorado Supreme Court
Virtual Technology in Colorado State Courts
BY BRIAN D. BOATRIGHT
Since I took over as chief justice, many of my conversations with attorneys and judges inevitably touch the subject of virtual proceedings in our courts. I've heard humorous stories and frustrating stories; I've been lobbied to expand our use of virtual proceedings and lobbied to curtail virtual proceedings; I've heard of both the benefits and challenges of virtual proceedings for attorneys serving rural populations; and, of course, I've heard about the benefits of virtual proceedings for litigants who were previously expected to take hours out of their day to appear in person for a hearing that might last 15 minutes.
One common theme in these discussions is a completely valid concern about transparency in our courts' use of virtual proceedings. We owe it to attorneys, litigants, and the public to create baseline expectations about how virtual technology will be used in our courtrooms. Even with a clarification of the courts' baseline expectations, however, it is abundantly clear to me that judicial officers need to retain discretion on the use of virtual technology based on the facts and circumstances of the case. For example, a judge in a criminal case might recognize a breakdown in communications between a defendant and their counsel. In that case, the judge may appropriately decide that a defendant should appear in person to facilitate communication with counsel. Or a judge may want parties to appear in person if there is an established diversion or mediation program that may help resolve a case or issues in a case. Judges in many cases will decide that evidentiary proceedings cannot be effectively conducted through a virtual platform because of evidence presentation, credibility determinations, witness identification or sequestration, or many other relevant and legitimate concerns related to the fairness of the proceeding and ensuring a just outcome.
Virtual Proceedings Through COVID
As most of you know, our state courts have used the Cisco platform Webex for virtual proceedings. Before the pandemic, the Judicial Department licensed Webex for limited use with virtual meetings. Many judges and staff had access to Webex, but few of us had used it. At the start of the pandemic...
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