HANCOCK COUNTY — The case before Judge Scott Sirk required an interview with a witness. Sirk was willing to hear the testimony via a Zoom connection. The opposing side objected and requested the person come to court to give the testimony in person, to which Sirk agreed.
Still, Sirk noted, he’ll continue to utilize technology in Hancock County Circuit Court as much as he can, even though the state and county mask mandate is over and the county courts are open fully for business. Technological protocols put in place during the COVID-19 pandemic will not be washed away now that things are starting to open up in the halls of justice, local officials said.
During the peak of the pandemic, court officials turned to technology to keep work from piling up. That included holding remote hearings using telephonic conferences, Zoom sessions and video transmissions from the county jail in place of defendants actually being brought to the courtrooms for things like initial hearings and pretrial conferences.
Just how much those tools will be used has yet to be determined, but officials acknowledge that some of them have actually helped the courtrooms operate more efficiently.
Sirk noted he’ll continue to handle initial court appearances via video and noted that once the new jail is open, that’s likely how they’ll do mostly all initial appearances.
“That way, there will be less travel, and there is just more safety associated with doing initial appearances from the jail rather than in person,” Sirk said. (The new jail under construction on the county farm is two miles from the courthouse)
Sirk plans to conduct as much pre-trial work as he can via technology because it helps keep things moving, he noted.
“As far as I’m concerned, there just is no reason for people to come into court unless we’re going to get something done,” Sirk said. “If a case is moving forward, though, it’s better to have people in the courtroom.”
Judge D.J. Davis, who presides in Hancock County Superior Court 1, said he likes seeing faces in the courtroom but is doing initial adult hearings via video court. He is hearing juvenile cases in person.
Davis has been holding attorney conferences mainly by Zoom in his office or from the bench because most of those sessions are concerning procedure and can be handled remotely.
“The key is always what date will work for everybody and how much time do we need,” Davis said.
On a positive note, Davis said the remote hearings have helped attorneys and the courts become more organized. Davis has asked attorneys to be prepared in every facet when he sets a remote hearing, particularly when there might be a contested issue.
Like Sirk, Davis is mostly hearing status and pretrial conferences via Zoom. But if the hearing is a final pretrial conference, a plea agreement or a bond reduction, Davis brings the parties into the courtroom.
“I’m not opposed to remote, but I do prefer in person,” Davis said. “I do allow for remote hearings and will continue to allow it, but I look forward to the day when I can start seeing more people’s faces.”
Indiana Chief Justice Loretta Rush released a video to the governor and the Indiana General Assembly for the annual State of the Judiciary address last week. She noted the pandemic forced the courts to face challenges many would have never expected.
“While the pandemic brought our normal lives to a halt, the conflicts that our Hoosier courts resolve did not go on lockdown,” she said.
With over 1.6 million cases pending — ranging from expungement to murder — the courts had a lot of work to do. Rush noted how quickly the courts maneuvered to hear cases remotely, with judges and justices in different locations, hearing from attorneys online.
“Our judges were determined to keep courts across the state operational, and technology was the key,” Rush said. “… As I have said in the past, the judiciary continues to be grateful for the financial support from the legislative and executive branches for our technological needs.”
While traditional court proceedings have resumed — something Rush stated she was “thrilled” with — she noted trial courts are revolutionizing operations.
State courts bought hundreds of Zoom licenses and laptops and built their own application to host live court proceedings online to make them accessible to the public.
“And you know what? People watched,” Rush said.
Former Judge Marie Castetter, who presided in Superior Court 1 throughout 2020, was the only county judge to move forward with Rush’s request to broadcast live courtroom proceedings. It’s a practice Davis said he’s willing to use when able. Sirk said he is not opposed to livestreaming courtroom sessions and has plans to follow up on the idea. Judge Dan Marshall, who presides in Superior Court 2, has said his courtroom is big enough for participants and spectators to adhere social distancing guidelines and has not attempted to broadcast live proceedings.
Davis believes about 70% of their cases will end up going back to pre-COVID protocols, but remote capabilities will be used when needed.
“The good thing is now if we have to work from home, we all can,” Davis said. “Everybody has a laptop now, and we can do our jobs from anywhere and that’s something we didn’t have before the pandemic.”
Sirk also said he will continue to work with attorneys, defendants and prosecutors who have concerns about the virus or presenting arguments remotely and make adjustments accordingly.
“We always want to be accommodating,” Sirk said.
