To say that the COVID-19 pandemic disrupted the legal field is a massive understatement. Judges, lawyers, and litigants found themselves mired in a catastrophic event that upended every element of the legal system and had to scramble to figure out in what direction to go next. Most courthouses had to shut down.
Unlike other industries, the legal arena has not traditionally been the most technologically forward-looking. As a result, integrating new technologies into an already overloaded system in a time of crisis has proven to be a challenge.
“The pandemic is still going on, and there is a lot of contention. Courthouses added new technology and will be paying for these new systems well after the pandemic passes. Judges have had to improvise by using local courtrooms or police stations with televised video capability between courtrooms and jails. Not all courts receive the same amount of funding, so some of them do not have that capability,” states Dr. Alison Becker, the University’s Program Director of Public Administration, Public Policy and Legal Studies.
Technology Takes Center Stage in Ohio
Conducting trials and hearings virtually in response to pandemic restrictions required the instantaneous adoption of videoconferencing systems such as Zoom for video testimony.
In Ohio, the state’s Supreme Court has provided funding for technology projects in the judicial branch over the last seven years. As COVID-19 still continues to surge, 143 courts have gotten the funds to move operations forward and ensure that the public can easily interact with the justice system.
The continuing use of remote technology and digital tools have been the priority in Ohio. In May 2021, Ohio Supreme Court Chief Justice Maureen O’Connor awarded technology grants to the tune of $8.65 million.
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Cybersecurity Implications for Using Technology in the Legal Field
All of these technology integrations and updates to the legal field bring with them their own set of challenges. Before the pandemic, cybersecurity was a focus for legal professionals – who commonly work with delicate information and large sums of money – making their organizations rich targets for hackers.
An American Bar Association 2018 survey found that 23% of law firms had been impacted by a data breach, well before COVID-19 hit. Now with the increased use of technology due to the pandemic, the cybersecurity risks are even greater.
“Cybersecurity is a major issue because courts deal with a lot of personal information,” emphasizes Dr. Becker. Hackers could find it much easier to steal personal or financial information, which could then be leaked to unscrupulous buyers. Hackers could also use ransomware to hold information hostage.
Technological Obstacles Hamper Access to Justice
The digital divide in the U.S. – where portions of the population lack access to the Internet and technology – can pose a problem when it comes to accessing justice. To help allay this issue, Texas courts established Zoom stations so defendants could appear in court remotely, and many other states are now following suit.
A Changing Interaction Dynamic Between Judges and the Public
Before the pandemic, a judge could see everything that was happening in a live courtroom. “Now in a civil case, if the courtroom is physically closed and they’re only doing video conferences, the only thing the judge can see is what shows up on his screen. He can’t see the rest of the room or someone coaching a witness. It’s something a judge has to deal with,” states Becker.
Technology has made it possible for the U.S. judicial system to function and start moving past COVID-19 issues. Ultimately, increased funding for technology purchases and solutions to cybersecurity risks would solidify the judicial system’s foundation in the years to come.
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