Remote Delinquency Proceedings Not Otherwise Authorized in Statute

Last month I blogged about the one type of delinquency hearing for which remote proceedings are expressly authorized in statute—hearings on continued custody. This blog analyzes the legal and practical considerations for holding other types of delinquency proceedings through the use of audio and video technology. It will provide an overview of the authority to hold other delinquency proceedings remotely, discuss special considerations related to delinquency proceedings, and address what it all means for first appearances, probable cause hearings, transfer hearings, adjudication hearings, and dispositional hearings. Authority to Hold Delinquency Proceedings Remotely Chief Justice Beasley issued an order on April 2, 2020 that contains several emergency directives in light of catastrophic conditions resulting from the COIVD-19 outbreak. Emergency Directive 1 requires the scheduling or rescheduling of district court proceedings no sooner than June 1, 2020 unless one of the listed exceptions exist. These exceptions include when the proceeding can be conducted remotely, is necessary to preserve the right to due process of law, is for the purpose of obtaining emergency relief, or can be conducted under conditions that protect the health and safety of all participants. Emergency Directive 3 of the April 2, 2020 order authorizes the use of remote audio and video transmissions in order to conduct court proceedings notwithstanding any other provision of law. This means that proceedings for which the use of remote technology is not expressly authorized in statute or regulation may be held remotely if the criteria for safeguarding the constitutional rights of the people involved [...]