THE FUTURE OF REMOTE COURT HEARINGS

Overview of Lessons Learned & Feedback Received

OVERVIEW
During the COVID-19 Pandemic, the Minnesota Judicial Branch has used remote hearing technology to ensure access
to justice while protecting the health and safety of judicial officers, court staff, justice partners, and other court users.

Since July 2020, 81% of all district court hearings have been conducted using remote hearing
technology. Since January 1, 2021, 93% of all district court hearings have been conducted remotely.

Throughout the pandemic, the Judicial Branch has used surveys, discussions, and other methods to gather feedback
from court participants about the use of remote hearings. This feedback, which is detailed below, has been
overwhelmingly positive, and the Judicial Branch has found strong support for continuing the use of remote hearings
even after the pandemic ends. At the same time, the Judicial Branch has been collecting comments from judicial officers,
staff, and court users regarding concerns and areas for improvement in the use of remote hearings.

ATTORNEY & JUSTICE PARTNER FEEDBACK

In January 2021, the Minnesota Judicial Branch partnered with the Minnesota State Bar Association, the Minnesota
Public Defender’s Office, and the Minnesota County Attorneys Association to distribute a survey about remote hearings
to the state’s attorneys. More than 600 attorneys completed the survey.

Across the board, both private and public attorneys believe that remote hearings increase access to justice. Each
attorney group (private attorney, prosecutor, public defender, and multiple/other) reported, by large margins, that they
prefer to attend uncontested hearings remotely, and that remote hearings should continue to be used to conduct
uncontested hearings in the future. Each attorney group prefers to attend contested hearings in person, and the various
groups were split as to whether contested hearings should continue to be conducted remotely after the pandemic.
Generally, private attorneys were more favorable to the use of remote contested hearings than public attorneys. A
contested hearing was defined as a hearing in which evidence is presented and/or testimony is taken.

Attorneys gave several reasons why they prefer to conduct uncontested hearings remotely: health and safety during
the pandemic, reduced travel time/costs, scheduled hearing start times would more easily be adhered to, and it would
make it easier for litigants to appear.

93% 78% 70%

Should remote technology
continue to be used for 22%
1% 6% 10% 13% 8%
uncontested hearings after
the pandemic? Private Attorney Prosecutor Public Defender

Yes Don't Know No

In meetings with justice partners, both the Minnesota Sheriff’s Association and the Department of Corrections have
advocated for the continued use of remote hearings after the pandemic, as they reduce the costs and security concerns
related to transporting incarcerated individuals to court facilities. In addition, victim advocate groups reported that
victims feel safer and more empowered to participate in court hearings remotely, and would like to see the ability to
participate in court hearings remotely continue after the pandemic.

1
LITIGANT FEEDBACK
The Minnesota Judicial Branch has made two separate efforts to survey litigants
How do you prefer to
about their experiences and preferences related to remote court hearings. This
included surveys of callers to the Statewide Self-Help Center in December 2020 attend court hearings?
and surveys of remote hearing participants in seven counties in January 2021.
Remotely 59%
Both surveys found a strong preference among litigants to attend court
hearings remotely, with litigants saying they prefer remote hearings because In-Person 25%
they reduce travel time/costs, they are easier to attend without having to take
as much time off work, and they protect their health and safety during the Don't Know 16%
pandemic. The surveys found 66% of litigants believe the Judicial Branch should
continue to conduct hearings remotely after the pandemic is over.

JUDICIAL OFFICER AND COURT STAFF FEEDBACK

The Minnesota Judicial Branch conducted a survey of all judicial officers and court staff in the summer of 2020. The
survey was completed by more than 160 judges and referees and 800 members of court staff from across the state.

The survey found strong support for remote hearings from the state’s judicial officers and court staff.

A strong majority of judicial officers and court staff reported that they believed the use of remote hearings increases
access to justice. Of those participating in the survey, 79% of judges and referees and 86% of court staff believe remote
hearings should continue to be used as part of ongoing court operations after the COVID-19 pandemic.

Judicial officers and court staff have identified several areas for improvement in the use of remote hearings, including:

• Improving remote hearing decorum;

• Ensuring appropriate IT support for remote hearing participants;
• Providing access for litigants who lack technology/internet service;
• Creating justice partner buy-in for the use of remote hearings
• Addressing “Zoom fatigue” among judicial officers, staff, justice partners, and other court users,

How do remote hearings affect Should remote hearings continue

access to justice for litigants? to be used after the pandemic?
(Judicial Officer/Staff combined response)

55%
86%
79% 74%

27%
18% 26%
21%
14%

Increase Neutral Decrease Judges/Referees Court Staff Law

Clerks/Court
Reporters

Yes No