Peer to Peer: ILTA's Quarterly Magazine
Issue link: https://epubs.iltanet.org/i/1415201
29 I L T A N E T . O R G O nline dispute resolution (ODR) platforms are being increasingly adopted by courts as an alternative to in-person hearings for relatively straightforward legal matters such as traffic violations. The technology makes it easier for attorneys, court personnel and defendants to collaborate or communicate, helping to resolve cases faster and more conveniently. Pandemic-Accelerated Technology Use In 2020, as the nightmare of COVID-19 became apparent, safety protocols and quarantine measures were put into place all across the country and around the world. In the legal industry, attorneys had to conduct work from their homes, and many courts had to close. While lawyers could use Zoom, Teams and other electronic means to stay in touch with their clients, most courts were only set up to hold in-person hearings. Courts that still required attorneys and litigants to appear in person received backlash. For example, a Los Angeles County Superior Court judge was sued for holding hearings that allegedly violated constitutional rights and potentially created "super-spreader" events. When it became obvious that pandemic-related restrictions would continue for months, there was a scramble to devise technology solutions for virtual proceedings. Courts that found a way to hold hearings online still had learning curves and inefficiencies. Other courts didn't have the means to have virtual sessions and remained closed. The result was that the public experienced a delay in justice, and local governments experienced a reduction in revenue, especially from low-level offenses like traffic violations. The State of Local Government Survey from OpenGov found that 82% of local governments suffered lost revenues from fees and fines. Many courts and attorneys had been looking into technologies that could streamline the judicial process before the pandemic, but it became an urgent need in 2020. Even now as we are finding our "new normal," there is a strong desire for courts to handle as many proceedings as possible in a virtual environment while ensuring the technology facilitates communication and collaboration. Traffic Court As Governing showed in its Addicted to Fines report, local governments rely on fines, which can account for 10%-20% or more of general fund revenue. The researchers found that traffic fine revenue in some locations was even higher than the limits outlined in state laws. It makes sense that governments would want to keep their traffic courts open and maintain expected income levels. Unfortunately, traffic courts can be an inconvenience. Motorists who want to dispute the ticket need to appear in a courtroom on a specified date and time. No matter how streamlined a court's process is, the defendant may need to miss work, which could mean losing wages. There may also be other considerations, such as childcare costs or time away from elderly parents. Some people can't afford that – even if there is solid evidence to fight the ticket. However, if they don't appear in court or pay the fee, they may experience additional fines and even license suspension. Traffic courts can be inconvenient for attorneys and law enforcement too, as they have to take time out of their day to appear in court for the few minutes required. Court clerks lose time scheduling and rescheduling docket times, and judges lose time between each case. Online Dispute Resolution ODR allows attorneys, law enforcement officers, judges, defendants and other parties to communicate and