On Wednesday night, we heard from Anthony Benedetti, chief counsel of the Committee for Public Counsel Services, which provides legal services to those who can't afford them.
Jury trials for criminal offenses are slated to restart on Nov. 9. But with COVID-19 cases ticking up in the state, it's unclear if they will. For the time being, Benedetti says hearings have been held either over the phone or sometimes on video conferencing, all of which present their own issues for lawyers, their clients and court staff.
"Quite frankly, it is really not the way lawyering should be done," said Benedetti. "It's not appropriate due process. I think anyone who can imagine having to talk to a professional who is representing your interests and not being able to be there in person can understand why that can be so challenging. There have been video conferencing, which in some instances it works and is appropriate when you're not dealing with substantive issues. But it's completely inappropriate when you are dealing with a substantive issue. And what I mean by that is, for example, a hearing that involves witnesses or that involves evidence. And so that has been a challenge."
Benedetti says in order for trials and hearings to resume in person, all stakeholders need to get together to figure out safe solutions together.