Not very many years ago, the idea that people would routinely communicate with one another via a video screen was dismissed as “a good idea that won’t happen anytime soon.” Today, it is not just a reality, it is a commonplace thing. Although telephonic and video conferencing technology has been available for some time, most people did not have occasion to make use of it in their daily lives. In fact, prior to the COVID-19 pandemic and the resulting government imposition of “stay-at-home” orders, many people had never even heard of platforms such as “Zoom,” “Microsoft Teams” and “Google Meet.” However, once the requirements of “social distancing” became a reality, use of this technology became essential to one’s ability to work, learn, do business, receive medical care, and access the legal system. Even people who have never had reason to use the technology now know what a “Zoom meeting” is.
Many courts across the country began using video and telephone conferencing technology to conduct business during the COVID-19 pandemic. Although the pandemic has long since been declared over, New Mexico courts have continued to conduct almost all proceedings by telephone or video conference. There are, of course, some exceptions. For example, emergency motions, evidentiary, guardianship, domestic violence, and some child custody hearings are all conducted in person. However, by and large, appearing by telephone or video has become the norm in New Mexico courts. It does not appear that this will change any time soon. In fact, in late 2023, the Eleventh Judicial District Court – which covers McKinley and San Juan Counties – collaborated with public and private entities to establish “justice stations” in some communities in northwestern New Mexico. By using these “justice station” computers, which are located in libraries and community centers, people without internet connections in their homes or who lack reliable cell phone service are able to conduct business in the magistrate court. Plans are in the works for justice stations to be installed in more public areas, including homeless shelters, throughout the district.
Allowing individuals to appear in court by telephone or video makes the legal system more convenient, secure, and accessible for everyone. Among the many benefits:
Individuals no longer have to spend time and money traveling to a courthouse to attend a proceeding;
- It is not necessary to take an entire day off from work or to find and pay for all-day childcare in order to attend court;
- Attorneys do not have to travel to and from court and spend time waiting for their cases to be heard, so hourly legal fees are reduced;
- Contentious litigants do not have to appear together in the same place while tempers may be running high, thus reducing the potential for confrontation or violence;
- The feelings of intimidation that some people experience when required to appear before a judge is greatly reduced.
As unlikely as it may seem, the adoption of videoconferencing to make accessing the court system more convenient and less costly for the public may prove to be an unexpected, lasting benefit arising from the events of 2020. The recent practice of permitting virtual appearances for proceedings allows Armstrong, Roth, Whitley, Johnstone to represent clients with cases being handled in any court, no matter how far from their office in Albuquerque a court might be. ARWJ can also conduct initial consultations, and most other necessary communications with their clients, by telephone, or will also accommodate a client who prefers to meet in person.
