Page 44 - CLT062220

44 ¦ JUNE 22, 2020 CLOSING ARGUMENTS

EDITORIAL BOARD

An Opportune Time for Change in Our
Criminal Courts
Most of Connecticut’s criminal justice sys-
tem personnel are currently working from
home due to the COVID-19 pandemic.
The criminal courts are staffed by a skeleton crew
of Judges, lawyers and court support. The Rules
Committee has allowed for the emergency suspen-
sion of procedures requiring in-person presence
in court or chambers. All of this has brought about
a new day for technology in our courts.
In the midst of crisis management to ensure
rule of law is maintained, there has been a nec-
essary increased reliance on technology. “Virtual”
and “Zoom” have become part of our daily vocab- This shouldn’t be the case. The current suspension
ulary. While these changes have been forced on an of the rules of professional conduct shows us that
unexpecting criminal justice system, they present it is now not only possible but also highly efficient
an opportunity to thoughtfully reevaluate what we to handle many routine requests virtually.
do and why we do it. Why do the police rather than prosecutors
Why have our criminal courts required mat- decide who has to go to court when there is a
ters be scheduled at 10 a.m. and 2 p.m.? With warrantless arrest? In every other state, the pros-
few exceptions the cattle-call method of docket ecuting attorney decides which cases go before a
management has prevailed on the criminal side. judge. Connecticut is the final holdout in grant-
The traditional justifications for this inefficient ing police the authority to decide who has to go to
approach to scheduling include convenience for court. The Practice Book currently provides that
Judges, clerks and prosecutors, adherence to the upon arrest a defendant be presented before the
“it’s always been done this way” line of thought and court. A simple rule change and an application of
the difficulty of individual or smaller group sched- case management technology could easily correct
uling of cases. Now is an opportune time to take this flaw in our system. It is true that a pilot pro-
a look at the available calendaring technology to gram is underway to examine this change, but the
make the day-to-day court process more efficient fact that Connecticut is the last holdout should be
for everyone—not just court staff. Technology can enough to prompt action.
provide an opportunity to spare citizens from los- The COVID-19 pandemic has been a disruptor
ing valuable time from work and school. of most of our systems, but its impact on Connect-
Why do citizens and lawyers have to come in icut’s criminal justice has been profound. Rather
person to court for every continuance and mi- than just reacting to this crisis with temporary
nor matters? There is a recognition by many fixes, we should be looking for the opportunities
that “the process is the punishment,” meaning presented by the technologies we’ve adopted and
repetitive court appearances, where little or noth- used during the pandemic to make lasting im-
ing happens, are a punishment in themselves. provements in our criminal courts.
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CONNECTICUT
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