Coding Bias Out of the Law

Due to COVID-19, technology forcefully penetrated the way we practice law including how we attend hearings. One of legal technology's best success story is how quickly and ably most law firms were able to make the transition. However, for some, remote appearances pose new challenges such as effective access to counsel, signal interruptions, authentication and privacy.

"Access to courts is paramount to the administration of justice," says Judge Nushin Sayfie, Circuit Court Judge and Administrative Judge of the Criminal Division, Eleventh Judicial Circuit of Florida, adding that virtual appearances are now the norm. She emphasizes that access remains an issue for mothers caring for young children and unable to afford childcare, individuals with disabilities, and litigants with limited resources who cannot afford public transportation or parking fees. To them, current technology solutions such as virtual hearings make access to court feasible. Florida courts, for example, are partnering with public libraries to set up kiosks to connect indigent and disabled litigants with the courts so that they can virtually attend appearances. Judge Sayfie acknowledges that the program is in its infancy but could be a viable long-term solution to a persisting access to justice problem.