Among the lessons we learned about human nature during the pandemic is that, actually, plenty of people — even those facing criminal charges — really do want to show up to court.
Before, the excuses given for not attending court hearings such as difficulty in finding childcare or arranging a ride were dismissed as excuses. In the past, no-shows received little leniency and were often punished. Virtual court was soon available, and perceptions began to change. Court attendance increased for those who took advantage of the virtual court.
“Some courts went from 80 percent no show to 80 percent appearance,” Texas Supreme Court Justice Brett Busby told the editorial board last week, noting how it streamlined court proceedings, too: “It’s just so much more efficient,” he said. “I realized some of the barriers but I don’t think I realized the degree of the efficiency that this would bring to the whole system.”
Virtual court is not without its critics, such as judges who use it to avoid transparency. Virtual hearings are longer, according to a survey. Many people were prevented from taking part by the digital divide.
The point isn’t perfectionism. It’s about more access.
In Texas, legal access — whether to a court hearing or to quality legal representation — is a vexing challenge that requires every bit of creative problem-solving, funding and advocacy to address.
Legal aid advocates have been pounding the pavement to get legislative support for things like public kiosks, which provide Internet access and other legal services. The advocates are also asking lawmakers to provide more funding for legal assistance in civil cases. Busby was a major ally.
Criminal defendants who can’t afford an attorney have long been guaranteed access to legal counsel, thanks the U.S. Supreme Court case Gideon v Wainwright. But the same right doesn’t apply to civil cases.
Imagine what it means for those facing eviction. For survivors of domestic violence who are fighting for custody. Veterans with unpaid medical bills. The fact that they are on their own can be terrifying and unfair.
According to experts, in Texas the vast majority (90%) of civil legal services for low-income Texans is not provided. Legal aid organizations have to turn away roughly half of the people who make it to their doors — to say nothing of the folks who don’t even bother to knock because they know the shortage of help available, according to Betty Balli Torres, executive director of the Texas Access to Justice Foundation.
Some of these people may find that a public kiosk located at their local library or center could provide them with virtual legal assistance. Balli Torres, a Richmond lawyer and Fort Bend County law librarian, helped to cut the ribbon at a kiosk of this kind on Tuesday. Karen Miller, the director of the Texas Legal Services Center and the Foundation’s grant recipient, has led the effort to fund the first of 25 such kiosks. She attended the ribbon-cutting, as well as Busby, the Texas Supreme Court justice who serves as the liaison to the TAJF and was appointed by Gov. Greg Abbott.
The kiosk, which Harris County will soon get, is unassuming. It consists of two frosted-glass panels that surround a desk with a computer with headphones and video as well as a scanner. It allows users to access virtual court, submit documents for review and scan them. A navigator can also answer technical questions or connect someone with legal aid.
This is a simple solution to a major problem.
According to a 2013 survey by the Texas Access to Justice Foundation, 90 percent of civil legal services for low-income families are not met. Even more were the needs in housing, employment law and consumer protection. A study from 2002 estimated that 92 percent of the nation’s unmet needs had not been met.
Legislators have an opportunity to close a portion of this gap. And they should. Advocates want $4.6 million for the installation of a kiosk in each county, including community centers, libraries and domestic violence shelters.
The idea of installing a kiosk in each county is not only politically smart, but also logical. Many of the less-populous rural counties also have less access to quality broadband and a kiosk would ensure there’s at least one, quiet, reliable place to log on to a courthouse, which may be in another county altogether.
Some rural counties are large, so a kiosk could be a more convenient option to get access to the courts. It would be best to have several kiosks strategically located in high-need counties.
Another, less obvious advantage of virtual courts is that they help highlight the life-changing nature of civil cases. It can be less intimidating for domestic violence victims to log on than to stand next to their abuser to fight for custody, support of children, or other legal issues to help them achieve a stable and safe life. Advocates are hoping that these kiosks will be another way for low-income Texans to get legal help. For example, it could mean the difference between a teenager who is unemployed getting a job sacking food or staying with their abuser while securing a protecting order.
“When we say life-threatening or life-changing, both of those things can be true,” Balli Torres said.
It is important that lawmakers make a difference.