The Paletz Law Blog

Wanting to End Online Court Proceedings Is Taking a Giant Step Backwards

October 22nd, 2024 | By: Matthew I. Paletz, Esq.

In a recent Detroit News Op-Ed, some Michigan Supreme Court Justices attempted to make a case to “minimize the use of virtual hearings and return to the standard practice of holding proceedings in person.” But there are many who regularly represent clients in courts, like me, who vehemently oppose the dissolution of what we refer to as “Zoom Court.” 

As a legal practitioner whose law office and its multiple attorneys spend their entire week either in front of a judge in person or online, I can tell you that using technology like Zoom to manage Michigan court caseloads is not only more effective for the lawyers and the clients they serve but also for the defendants representing themselves.

To be clear, I am coming from a position of a civil attorney, not a criminal one. I work in landlord-tenant law, and I can tell you from first-hand observation that this is the fairest and most accommodating system for tenants who exercise their rights to defend themselves when brought to court due to lack of payment or other circumstances. 

Plus, since there are now post-COVID court rules, multiple appearances can frequently occur. The use of virtual courts allows tenants the flexibility to attend court without having to take a day off from work, come up with gas money they may not have, or pay for other things like childcare. 

And think about where we live. Michigan winters can be brutal, from wind and snow-swept lake-effect days for courts on the west side of the state to ice and snow for everyone else. How much better is it for attorneys and the general public not to have to drive on Michigan roads in that kind of weather while also not worrying about how much gas is in the tank?  

Here’s the biggest question that I have not heard an answer to: Why would we put the genie back in the bottle and change a system that has been effective for four years and go back to the old pre-pandemic in-person way of doing things?  Let’s not end the one good thing that came out of Covid.

The Bottom Line: In civil matters, Zoom Court has become synonymous with access to justice.  For some Michigan Supreme Court Justices to suggest otherwise is simply not rooted in the practical reality that I and many other practitioners have witnessed. 

The information contained in this article is only meant to be a basic overview and should not be construed as legal advice. Readers should not act upon this information without the advice of an attorney. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or otherwise be disseminated without the prior written consent of Paletz Law.

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