How COVID Broke The Criminal Courts – Blog 2 (Access to Courts)

August 11, 2020

 By Criminal Defense Lawyer Jeremy Rosenthal

www.texasdefensefirm.com

(972) 369-0577

One of the things I miss most with the pandemic is not seeing everyone at the Courthouse every day.

Being a defense lawyer is like being an athlete who shows up to the same clubhouse 3 or 4 times every week.  Over the years you have the opportunity to develop social, collegial, and professional relationships with everyone in the building.  You get to know other defense lawyers, prosecutors, judges, court coordinators, bailiffs and even the security guards at the front door.

These relationships are more than just fun.  They are the “WD-40” of courthouse efficiency.  It goes without saying being face to face allows everyone in the building to do their jobs more efficiently.  Not only that, being physically in the courthouse allows me to solve 10 problems a morning instead of just 2 if I’m trying only to work the phone.

Put in its simplest terms — I have a much more challenging time being an active influence for my client when I’m not “in the room where it happens.”

The limited access to prosecutors and court personnel presents two main problems.

Courthouse pictureFirst, is the limited ability to communicate.  In grade school we learn about verbal and non-verbal communication.  The stuff happens to be true.  Advocating for a client in person where the prosecutor or Judge can see and sense the depth and passion of an argument — even an informal one — is far better in person.  Texting, phoning, and even zoom simply isn’t as effective.

The second is simple access to prosecutors and court personnel.  During normal times it is much easier for me to be able to — for example — grab a prosecutor and visit with a Judge quickly about troubleshooting a problem either on the bench or in chambers.  Hurdles to those conversations are far more easy to overcome.  What used to take minutes can now take weeks.

Life will get back to normal.  My hope is that when it does, the ability to communicate with everyone at the courthouse does too.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  He is currently designated as a Texas Super Lawyer by Thomson Reuters.